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Blaneys Ontario Court of Appeal Summaries
  • Blaney McMurtry LLP
  • Canada
  • March 31 2017

Good afternoon, There were several substantive civil decisions released this week. Boaden Catering Limited v. Real Food For Real Kids Inc. was a

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

Federal Court of Appeal upholds but limits scope of leading decision on metatags
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • January 15 2016

In the recent decision of Red Label Vacations Inc v 411 Travel Buys Limited 2015 FCA 290, the Federal Court of Appeal appears to have made a distinct

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

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

Intellectual property due diligence in an investment context
  • Lavery de Billy LLP
  • Canada
  • September 1 2015

A due diligence analysis of intellectual property rights is an important step when acquiring or making a significant investment in a business. It is

Meta-morphosis: tag, you’re it: Federal Court decision gives no copyright or trademark protection to metatags
  • Stewart McKelvey
  • Canada
  • July 3 2015

The success of a business that operates online is, in large part, driven by how effective the business is in utilizing search engines, which drive

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

The art of concealment: use of a competitor’s trade marks in metatags held not to amount to copyright or trade mark infringement in Canada
  • King & Wood Mallesons
  • Australia, Canada
  • April 8 2015

The Federal Court of Canada recently handed down a decision which squarely examines whether the use of metatags can constitute copyright or trade

No copyright and trade-mark rights in most metatags
  • Norton Rose Fulbright Canada LLP
  • Canada
  • March 12 2015

This case is the most recent in a small line of cases concerning the intellectual property implications, or lack thereof, in using website metatags