Intellectual Property
-
September 03, 2024
B.C. Supreme Court upholds $350K damages award against influencer for defamatory videos
The B.C. Supreme Court recently issued a significant ruling in the case of I Buy Beauty LLC v. Dong, 2024 BCSC 815, awarding a beauty company $350,000 in damages after a YouTuber made a series of defamatory videos about the company and its products. In awarding such a large damages award, the court sought to compensate the plaintiffs, denounce the defendant’s conduct and deter other social media personalities from seeking to profit by saying increasingly scandalous things online.
-
September 03, 2024
Consequences of arbitrating non-commercial disputes under Commercial Arbitration Act
Through the enactment of the Commercial Arbitration Act (the Act), the federal government adopted the 1985 version of the UNCITRAL Model Law, although with some significant changes. While arbitration is not a subject matter falling within federal constitutional jurisdiction, it is within the federal government’s jurisdiction to legislate with respect to the liability of the Crown and federal Crown agents.
-
August 29, 2024
New international practitioner for Segev
Boaz Nahshoni who is called to practise in the State of New York and in Israel is joining the business, technology, securities and gaming law firm Segev LLP.
-
August 22, 2024
Federal Court of Appeal affirms invalidity of patent claims in infringement action against Videotron
The Federal Court of Appeal has affirmed that five patent claims allegedly infringed by Montreal-based telecom firm Videotron were invalid, ruling they were anticipated and/or obvious when considered along with prior art and common knowledge of a person skilled in the field.
-
August 20, 2024
Rollercoaster of damage awards in counterfeiting cases won’t deter infringers
It’s a rare and special day when one gets to report on a case in which the author appeared as a witness, but such is this special day. I attended as an Independent Supervising Solicitor in a case involving the execution of an Anton Piller Order for the first time in September 2023, which resulted in the seizure of hundreds upon hundreds of counterfeit Louis Vuitton items and was recently the subject of a Federal Court summary trial in Louis Vuitton Malletier S.A. v. Torf et al., 2024 FC 1152 [LMVH v. Torf].
-
August 19, 2024
B.C. Court of Appeal upholds non-compete injunction against tutor, but modifies scope
The B.C. Court of Appeal has upheld an interlocutory injunction enforcing a non-compete clause that prohibits a tutor from providing certain educational services at specific universities for a period of 12 months.
-
August 19, 2024
The summary nature of section 45 proceedings
Another battle concerning trademark use in the context of s. 45 proceedings has occurred. The respondent spared no effort in attacking the applicant’s registration (Biologische Heilmittel Heel GmbH v. Barrette Legal Inc. 2024 FC 1178).
-
August 19, 2024
Federal Court finds Toronto gallery infringed on copyright over famous photographer’s works
The Federal Court has found some instances of copyright infringement on the part of a Toronto-based gallery related to 97 works by celebrated American street photographer Vivian Maier.
-
August 19, 2024
New partner joins Gowling WLG in Calgary
A recent news release from Gowling WLG announced that Patrick Laycock has joined the firm in its intellectual property group in Calgary.
-
August 15, 2024
Common law trademark rights
A decision of the Federal Court expunged the registration of a trademark under s. 57 of the Trademarks Act based on the applicant’s unregistered trademark (51.ca Inc. v. Huang 2024 FC 1202).