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Results: 1-10 of 57

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


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


Downloads of ringtones and ringbacks are not a communication to the public subject to a tariff
  • Borden Ladner Gervais LLP
  • Canada
  • March 25 2015

This was a dispute over a tariff requiring Rogers to pay royalties to SOCAN in respect of ringtones and ringbacks (Tariff 24) as a communication of a


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


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


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


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


Motion to amend pleadings after discovery allowed
  • Borden Ladner Gervais LLP
  • Canada
  • January 30 2013

In this case, the Plaintiff brought a motion to amend its statement of claim to clarify the relief sought, provide further particulars of the


Decision granting request for case management of IP litigation upheld on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • June 10 2014

This was an appeal by the Defendants of the order of a Prothonotary granting the Plaintiffs’ request for special management of this action, an action