Intellectual Property

  • September 16, 2025

    WeirFoulds adds 4 new associates

    WeirFoulds LLP has welcomed four new lawyers: Mallory Cramp-Waldinsperger, Ethan Levy, Yatin Sidhu and Uyên Tran.

  • September 16, 2025

    Justice of the chocolate-y kind

    Canada’s rich history with chocolate extends beyond its culinary appeal to include a fascinating intersection with legal frameworks. As the country continues to innovate and expand its chocolate industry, various legal themes emerge that shape the production, distribution and consumption of this beloved treat.

  • September 12, 2025

    New owner jurisprudence in section 45 proceedings: A fairer approach background

    In a previous blog post, Section 45 proceedings and a Change in the Ownership of the Mark, we dealt with a decision of the Federal Court that considered the impact of the special circumstances exception in s. 45 proceedings where there has been a change in the ownership of the mark.

  • September 10, 2025

    New OBA president hopes to bring ‘more conversational experience’ to position

    The Ontario Bar Association (OBA) has a new leader at its helm. Katy Commisso took over the top job from former president Kathryn Manning at the beginning of September after serving a term as the first vice-president of the OBA, which is the professional association for Ontario's lawyers, judges and law students. She will serve for the 2025-26 term. Commisso, a native of Burlington, Ont., said she did not grow up wanting to be a lawyer.

  • September 08, 2025

    Court restores denial of patent reinstatement, affirms patent agent due care obligation

    The Federal Court of Appeal has restored a decision denying a request to reinstate a patent application, confirming that the obligation to exercise due care to prevent patent abandonment applies to both the applicant and its patent agent.

  • September 03, 2025

    Legal experts & advocates push PM Carney for urgent action to secure Canada’s ‘digital sovereignty’

    Legal experts, advocacy organizations and prominent Canadians are asking Ottawa to urgently legislate and implement measures to counter the digital risks to Canada’s autonomy and democracy posed by artificial intelligence (AI), foreign interference and U.S. tech giants’ dominance of domestic digital infrastructure.

  • September 03, 2025

    Federal Court upholds Trademarks Opposition Board decision in Sage dispute

    In late July, the Federal Court of Canada dismissed the University of British Columbia’s appeal of a Trademarks Opposition Board decision concerning UBC’s opposition to a trademark registration by Sage Dining Services Inc., which is a food services company.

  • September 02, 2025

    Federal Court of Appeal allows Bell to amend counterclaim in $400M copyright dispute

    The Federal Court of Appeal has allowed Bell Canada to amend its counterclaim in a copyright dispute with a group of film studios, reversing a lower court’s decision to strike parts of Bell’s pleading alleging misuse of copyright enforcement without leave to amend.

  • September 02, 2025

    LSM annual report a ‘comprehensive’ look at fiscal year, road ahead: president

    As Manitoba’s law society takes stock of its most recent fiscal year, the regulator’s new president aims to continue the work of minding lawyers’ well-being as part of a new strategic plan. Law Society of Manitoba (LSM) president Kyle Dear recently sat down with Law360 Canada to discuss the recent release of the law society’s 2025 annual report — a 31-page snapshot of the regulator’s latest fiscal year, which ran from April 1, 2024, to March 31, 2025.

  • September 02, 2025

    Carefully consider an appeal from Trademark Opposition Board

    The Federal Court has confirmed that in the absence of new material evidence, a determination of the Trademark Opposition Board (TMOB) will frequently be reviewed in a deferential fashion.

  • August 29, 2025

    ‘Right to be forgotten’ privacy issues under PIPEDA and Charter heading to Federal Court

    Does Parliament’s private-sector privacy law protect the “right to be forgotten”? That question, at least in part, is now headed to Federal Court, following a groundbreaking determination this week by Canada’s privacy commissioner that Canadians have a right under the federal Personal Information Protection and Electronic Documents Act (PIPEDA) — in some circumstances and when certain criteria are met — to have online material about them delinked from their names (“de-listed”) so that published material is not listed in search engine results when their name is searched.

  • August 28, 2025

    Federal Court of Appeal upholds $250K punitive damages for misleading conduct in patent dispute

    The Federal Court of Appeal has upheld an order requiring an Ontario dairy company and a contractor to pay nearly $400,000, including $250,000 in punitive damages, for building cooling cells that infringed a French firm’s patent.

  • August 28, 2025

    How film producers can avoid a Baldoni-Lively type fight in court

    By now, we’ve all read the salacious headlines: Hollywood actress Blake Lively and actor-director Justin Baldoni are in a seemingly never-ending legal battle over Baldoni’s alleged behaviour on the set of the 2024 domestic violence drama It Ends With Us.

  • August 27, 2025

    Investigation into Google sparks privacy commissioner’s finding to delist some search results of names

    After an investigation into a case against Google by an individual who was previously charged with criminal activity, the Privacy Commissioner of Canada, Philippe Dufresne, has concluded that individuals have the right to have certain information about them delisted from search engine results when their name is searched online, in limited circumstances.

  • August 26, 2025

    The accidental lollipop order: A cautionary tale

    In an unusual twist of events, a seven-year-old boy inadvertently ordered 70,000 lollipops via Amazon, triggering a cascade of carton deliveries that quickly turned his family’s home into a logistical and sugary nightmare.

  • August 25, 2025

    Increased judicial intervention to correct unfairness at key tribunals

    Ontario’s administrative tribunals are facing increased scrutiny by the courts for unfairness in dismissing claims brought by tenants, landlords, employees, car accident victims and people who believe they have experienced discrimination or are seeking disability benefits.

  • August 22, 2025

    How a $1,000 compromise can cost your firm millions

    Financially motivated cybercrime continues to surge, and Canada has emerged as a prime target on the global stage. The country consistently ranks among the most attacked nations, second only to the United States for ransomware incidents. For the Canadian legal industry, which holds vast amounts of sensitive client data, this trend presents a growing risk.

  • August 22, 2025

    Estate planning: Ongoing income streams after death

    For individuals benefitting from the payment of royalties, it is not uncommon for those payments to continue after death, which gives rise to considerations in the estate planning and estate administration contexts. The most prominent example in recent years may be that of Michael Jackson, recognized by Forbes as the highest-paid dead celebrity in 2024 and in several years prior — royalties earned from MJ: The Musical alone certainly bolstered the bottom line.

  • August 21, 2025

    ‘Inadequate’ pay deters outstanding jurists from federal bench; $28,000 boost needed: commission

    Canada’s 1,198 federally appointed judges should get a substantial lump sum salary increase — $28,000 — as their pay package is no longer enough to attract “outstanding” private bar lawyers to the bench, says the federal Judicial Compensation and Benefits Commission, echoing warnings made by federal judicial leaders over the past few years.

  • August 21, 2025

    Federal Court orders streaming service to pay $368K in copyright infringement case

    The Federal Court has ordered a streaming service found liable for copyright infringement to pay nearly $368,000 in legal costs on top of a $5.96‑million statutory damages award.

  • August 21, 2025

    Pirating case means jail for business owners, exemplifies pace of civil proceedings

    We often hear the complaint that criminal cases take too long to prosecute. Police must obtain evidence, sometimes by convincing a judge that there are reasonable and probable grounds to believe that incriminating material may be found. Only then are the police granted access to complete a search.

  • August 20, 2025

    Federal Court imposes prison terms for contempt by father and son in IPTV piracy case

    The Federal Court has sentenced a father and son, central figures behind an unauthorized IPTV service, to prison terms of at least four and six months, respectively, for contempt of a Federal Court Anton Piller order, with both facing up to nearly five years in prison if they fail to cure their contempt.

  • August 20, 2025

    The Prince of Darkness and the power of intellectual property

    Some people leave behind a legacy. Ozzy Osbourne left behind a brand manual.

  • August 20, 2025

    A directive from the Federal Court of Appeal

    The Federal Court of Appeal has firmly stated the law concerning the standard of review on appeals to it, the liability of directors and shareholders for corporate liability and awarding damages where the extent of infringement and the harm it caused is difficult to establish (Patel v. DermaSpark Products Inc., 2025 FCA 145).

  • August 18, 2025

    Kelly Zhang joins Goodmans

    Goodmans LLP has added Kelly Zhang as an associate in its litigation and dispute resolution group.

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