Author: Alexandra Lemelin

About Alexandra Lemelin

Alexandra Lemelin joined the Fasken team as a student in May 2021 during her second year of law school at Université de Laval. She will complete her professional training at the École du Barreau in winter 2023.

Analysis

Trademark Protection within Blockchain Domains

Block chain concept. Big data binary code futuristic information technology, data flow. Transferring of big data. interconnected blocks of data depicting a cryptocurrency blockchain . 3D Rendering.

Companies owning trademarks should reserve their trademarks with blockchain naming systems. The risk of infringement of blockchain domain names is real and remedies are limited at this time. Thus, it becomes essential to protect the intellectual property rights of companies preventively within the blockchain ecosystem.

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Copyrights, IP Litigation

The Federal Court of Appeal has spoken: actual damage doesn’t need to be proved in order to obtain statutory damages under the Copyright Act

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In its February 2022 decision in RallySport Direct LLC, the Federal Court of Appeal (“FCA”) reiterated and confirmed the principle established in the decision of the Ontario Superior Court in Trader. This Court determined that a copyright owner could claim the statutory damages provided in section 38.1 of the Copyright Act (“Act”), even where there was no monetary damage and no loss of business opportunity.

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