Category Archives: IP Litigation

Canada, Copyrights, Intellectual property, IP Litigation

Blacklock’s Reporter v Canada (Attorney General) and Password Sharing for Research Purposes

Social media phones

In its decision in 1395804 Ontario Ltd (Blacklock’s Reporter) v Canada (Attorney General), the Federal Court reaffirmed the broad nature of the Copyright Act’s (“Act”) fair dealing exception for research and made clear that the licit acquisition and valid use of a password does not constitute the circumvention of a technological protection measure (“TPM”). In coming to its decision, the Court considered three main issues: rectification, fair dealing, and technological protection measures. The Court also relied heavily on a previous case, 1395804 Ontario Ltd, Operating as Blacklock’s Reporter v AGC (“Department of Finance”), in which the same plaintiff, Blacklock, similarly alleged copyright infringement against another federal department.

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Analysis, IP Litigation

Sedona Conference 2022: Practical Recommendations on Protecting Trade Secrets in Litigation

Abstract business icons over a laptop

The Sedona Conference Working Group recently issued some practical recommendations in their publication “Commentary on Protecting Trade Secrets in Litigation About Them”.[1] The purpose of this article is to provide a brief overview of the guidelines developed by this group and which we recommend you consider in your current and future litigation.

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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

close up of engine

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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IP Litigation, Trademark

Virtual reality: navigating trademark challenges in the metaverse

cyber space metaverse concept

Nicolas Charest, Eliane Ellbogen and Simon Hitchens suggest how brand owners can navigate the various challenges they are likely to face when using, protecting and enforcing their trademarks in relation to the metaverse.

Click here to read the complete article on Managing IP.

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Canada, Copyrights, Intellectual property, IP Litigation

Lavigne (Valmedia) v. 9061-6632 Québec inc.: Infringement of moral rights will not go unpunished

Lady Justice statue sits in front of courthouse columns.

(French version available at bottom of article)

True to its continental European heritage, Canada has a strong regime for the protection of moral rights. This includes the inalienable right of creators to be associated with their work as its author and to protect its integrity, notwithstanding any assignment of economic rights. These rights have been recognized in Canada under the Copyright Act (the “Act”) since 1931 and have been repeatedly recognized in past decisions of the Supreme Court of Canada1.

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