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Results: 1-10 of 57

FCA Finds Issue Estoppel does Apply to Judicial Reviews of Copyright Tariffs; Holds Preliminary Questions Decided Pursuant to Rule 222(1)(a) Must be Questions of Law
  • Borden Ladner Gervais LLP
  • Canada
  • February 4 2016

Rogers, Telus, Bell and Quebecor Media (the Corporations) started an action seeking to recover certain monies paid pursuant to Tariff 24 in relation


Appeal dismissed; use of trademarks in metatags in this case found not to be copyright or trademark infringement
  • Borden Ladner Gervais LLP
  • Canada
  • January 20 2016

The Federal Court of Appeal (FCA) dismissed an appeal from a trial decision finding that there was no copyright in Appellant's metatags and therefore


Additional costs awarded to TekSavvy to produce names and addresses pursuant to Norwich order
  • Borden Ladner Gervais LLP
  • Canada
  • January 6 2016

TekSavvy has successfully appealed in part an earlier costs order relating to a motion to compel a non-party pursuant to Rule 238 (We previously


Default judgment awarded in respect of trademark and copyright rights
  • Borden Ladner Gervais LLP
  • Canada
  • January 6 2016

The Plaintiff brought a motion in writing for default judgment against the Defendant. The Court issued a Judgment, making a number of findings in


Rules of procedural fairness breached by refusal to allow Netflix to be heard on new provisions in tariff
  • Borden Ladner Gervais LLP
  • Canada
  • January 6 2016

This was an application for judicial review of a decision by the Copyright Board (the "Board") of a tariff of royalties for audiovisual webcasts (the


Ontario Superior Court refuses to stay a defamation action pending the outcome of a copyright, trademark and competition action proceeding in the Federal Court
  • Borden Ladner Gervais LLP
  • Canada
  • January 6 2016

The Ontario Superior Court has declined to stay a defamation action pending the outcome of a copyright, trademark and competition action proceeding


Federal Court of Appeal provides guidance on how to bring the materials that were before the administrative decision-maker before the reviewing court
  • Borden Ladner Gervais LLP
  • Canada
  • December 3 2015

The Court of Appeal has addressed the issue of how to properly put materials before the Court on judicial review. By way of history, Access Copyright


Supreme Court majority applies royalty fees to broadcast-incidental copies
  • Borden Ladner Gervais LLP
  • Canada
  • November 27 2015

Valuation Analysis Must be Consistent With the Principles of Technological Neutrality and Balance CBC v. SODRAC 2003 Inc. The Supreme Court issued


Intellectual property weekly abstracts bulletin week of June 22
  • Borden Ladner Gervais LLP
  • Canada
  • June 22 2015

The proceeding relates to a copyright infringement claim against Thomson for copying briefs filed with the court and making them available to


Two non-parties to a trademark and copyright decision are bound by the final injunction
  • Borden Ladner Gervais LLP
  • Canada
  • May 27 2015

The Ontario Superior Court had previously issued an injunction to prevent the sale of candy snacks known as “Classic Sesame” because they were found