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IP Litigation 2020 Year in Review

Canada - January 28 2021 A flurry of jurisprudential developments marked 2020 as a significant year in Intellectual Property litigation. The Federal Court of Appeal settled…

Adam Bobker, R. Scott MacKendrick

Federal Court of Appeal Affirms Site-Blocking Order in Teksavvy Case

Canada - June 11 2021 On May 26, 2021, the Federal Court of Appeal released its much awaited decision in Teksavvy Solutions Inc v. Bell Media Inc.1 The Court unanimously…

Raffi Dergalstanian, Andrew McIntosh

Take Notice! Statutory Damages Against Internet Service Providers for Failure to Comply with the Copyright Act Notice-and-Notice Regime Are to be Sought by Action

Canada - March 24 2021 Internet Service Providers ("ISPs") play a critical role in copyright enforcement. Rights holders may obtain Norwich orders from the courts, which…

Tamara Céline Winegust

Federal Court Grants Summary Judgment and Awards $24,000 in Statutory Damages for Infringement of Copyright in Business Forms

Canada - April 16 2021 On April 14, 2021, the Federal Court granted a motion for summary judgment in Patterned Concrete Mississauga Inc. v. Bomanite Toronto Ltd., 2021 FC…

Adam Bobker

Alberta Court Rules that Licensee Broadcaster is not Presumptively Entitled to Claim Copyright Infringement on Behalf of the Rights-Holder and Refuses to Grant Injunction Based on General-Phenomenon Evidence as Proof of Harm

Canada - May 7 2021 In Allarco Entertainment 2008 Inc. v. Staples Canada ULC, 2021 ABQB 340, the Court of Queen’s Bench of Alberta (the “Court”) found that the plaintiff…