In Royal Conservatory of Music et al v Macintosh (Novus Via Music Group Inc.) et al, 2016 FC 929, the Royal Conservatory and its publisher (the Applicants) sought damages for infringement of 21 musical works that were included in a series of instructional piano books published by Clarke MacIntosh doing business as Novus Via Music Group Inc. (Novus) and Conservatory Canada (the Respondents).
Deeth Williams Wallhttp://www.dww.com/articles/federal-court-awards-lowest-per-work-damages-for-commercial-copyright-infringement
In its brief September 15, 2016 decision in Teva Canada Limited v Novartis Pharmaceuticals Canada Inc, 2016 FCA 230, the Federal Court of Appeal (FCA) affirmed the Federal Court’s construction of the promise made in Novartis’ deferasirox EXJADE® patent (2015 FC 770,
Deeth Williams Wallhttp://www.dww.com/articles/federal-court-of-appeal-affirms-different-claims-can-have-different-utility-for-same
A dispute between two Toronto store owners in the Queen St. West neighbourhood has resulted in a passing-off action.
The plaintiff, Kristen Voisey, owner of BYOB, filed the passing-off action in the Ontario Superior Court in 2014, claiming that her neighbour, Organic Boutique, was presenting its goods in a manner that was confusing to consumers.
In the lawsuit, Voisey alleges that Organic Boutique placed signs with “Y.O.B. Inc.” and also placed press articles about BYOB in the window of Organic Boutique’s store, creating confusion.
Deeth Williams Wallhttp://www.dww.com/articles/toronto-cocktail-retailers-dispute-storefront-commonalities-passingoff-action
In a News Release dated September 13, 2016, the Competition Bureau (the Bureau) announced that Comwave Networks Inc. (Comwave) has agreed to pay an administrative penalty of $300,000 for making deceptive marketing claims about the costs and limitations of their Internet and home phone services.
Deeth Williams Wallhttp://www.dww.com/articles/comwave-fined-300000-for-making-misleading-advertising-claims-to-public
On July 12, 2016, the European Commission reported the formal adoption of the EU-US Privacy Shield Framework (Privacy Shield), which governs the transfer of data between the EU and the US. As previously reported in E-TIPS® newsletter, the new privacy framework was announced earlier this year.
Deeth Williams Wallhttp://www.dww.com/articles/euus-privacy-shield-adopted-by-european-commission-and-us-department-of-commerce
In Trader Joe’s Company v Hallatt, the US Court of Appeals for the Ninth Circuit reversed the dismissal of Trader Joe’s claims under the Lanham Act. The District Court dismissed these claims for lack of subject matter jurisdiction, as the alleged trademark infringement took place in Canada.
Deeth Williams Wallhttp://www.dww.com/articles/us-court-allows-trader-joe%E2%80%99s-lanham-act-claim-to-proceed-against-canadian-business
On September 6, 2016, Canada’s Federal Court of Appeal (FCA) issued its decision dismissing the appeal of Nova Chemicals Corporation from Justice O’Keefe’s decision finding Dow Chemical Company’s Canadian Patent No.
Deeth Williams Wallhttp://www.dww.com/articles/canada%E2%80%99s-federal-court-of-appeal-comments-on-standard-of-review-for-claim-construction
On September 1, 2016, the Canadian Radio-television and Telecommunications Commission (CRTC) issued a statement stating that Kellogg Canada Inc had voluntarily entered into an undertaking to fully and completely resolve all outstanding issues with respect to Kellogg’s or its subsidiaries’ alleged violation of paragraph 6(1)(a) of Canada’s Anti-Spam Legislation (CASL).
Deeth Williams Wallhttp://www.dww.com/articles/kellogg-undertakes-to-pay-60000-for-alleged-violation-of-casl
We previously reported that Justice Brown of Canada’s Federal Court had allowed a prohibition application by Bayer Inc against Fresenius Kabi Canada Ltd concerning Fresenius’s generic moxifloxacin hydrochloride (HCl) injection (Bayer’s AVELOX I.V.®) and Bayer’s Canadian Patent No.
Deeth Williams Wallhttp://www.dww.com/articles/canada%E2%80%99s-federal-court-refuses-to-reconsider-issuance-of-prohibition-order-due-to
Pharrell Williams, Robin Thicke, and T.I. are getting some major support from fellow musicians in their appeal over the hit song "Blurred Lines”. More than 200 musicians, including composer Hans Zimmer, crooner R. Kelly, and members of such bands as the Go-Go's, the Black Crowes, Linkin Park, and Three 6 Mafia, filed an amicus brief with the US Ninth Circuit Court of Appeals last month in support of Williams to overturn the copyright infringement judgment, which carried one of the largest awards in music copyright history.
Deeth Williams Wallhttp://www.dww.com/articles/hundreds-of-musicians-show-their-support-for-pharrell-williams-and-robin-thicke-blurred
Patent assignments registered in the United States Patent and Trademark Office (USPTO) are now available online using the USPTO assignment search tool. After locating a patent or application by conducting a search using the usual parameters (such as Patent Number, Assignor Name and Assignee Name), a PDF copy of the assignment can be viewed under the “Conveyance” heading or wherever the small rectangular PDF icon is displayed.
Deeth Williams Wallhttp://www.dww.com/articles/uspto-now-publishing-patent-assignments-online
In Wenger SA v Travel Way Group International Inc (2016 FC 347), the Federal Court dismissed an application by Wenger S.A. (Wenger) alleging passing off and infringement of its Cross Logo trade-mark by a competing luggage manufacturer (TWGI).
Wenger’s mark and the marks registered and used by TWGI are illustrated below:
Deeth Williams Wallhttp://www.dww.com/articles/federal-court-dismisses-trademark-infringement-application-by-swiss-army-knife-company
On August 22, 2016, Canada’s Privacy Commissioner released its report on the security practices of Avid Life Media Inc (ALM, rebranded as Ruby Corp), the Toronto-based parent company of the Ashley Madison dating site. Ashley Madison came under scrutiny last year after a massive data breach exposing personal information of more than 32 million Ashley Madison users worldwide.
Deeth Williams Wallhttp://www.dww.com/articles/canada%E2%80%99s-privacy-commissioner-finds-ashley-madison-fails-to-provide-users-adequate
On June 15, 2016, in Apotex Inc v Canada (Health), 2016 FC 673, Manson J of the Federal Court quashed the Minister of Health’s (Minister) 2015 Decision varying the establishment licenses for Apotex Inc’s (Apotex) Indian drug manufacturing facilities. The 2015 Decision arose from Health Canada’s inspection of the Indian facilities to assess whether Apotex had successfully addressed its data integrity violations following Health Canada’s 2014 Import Ban against these facili
Deeth Williams Wallhttp://www.dww.com/articles/canada%E2%80%99s-federal-court-quashes-health-canada%E2%80%99s-2015-import-ban-against-apotex%E2%80%99s-indian
On August 8, 2016, in Apotex Inc v Pfizer Ireland Pharmaceuticals, 2016 ONSC 4966, the Ontario Superior Court of Justice (ONSC) struck Apotex’s Section 8 claim while dismissing Pfizer’s motion to strike Apotex’s other damages claims.
Deeth Williams Wallhttp://www.dww.com/articles/ontario-court-struck-apotex%E2%80%99s-section-8-claim-while-maintaining-other-claims
On August 22, 2016, Investel Capital Corporation (Investel), a Vancouver-based investment company commenced an action before Canada’s Federal Court (court file number T-1406-16) against Snapchat Inc (Snapchat) for allegedly infringing its Canadian Patent No 2,887,596 (the 596 Patent) entitled “User Content Sharing System and Method with Automated External Content Integration”.
Deeth Williams Wallhttp://www.dww.com/articles/snapchat-inc-sued-canada-for-alleged-patent-infringement
On August 4, 2016, in Multilayer Stretch Cling Film Holdings v Berry Plastics Corporation, 2015-1420, the United States Court of Appeals for the Federal Circuit (the Court), Taranto J dissenting in part, construed the Markush claim language, “being selected from the group consisting of”, as being limited to only the recited elements in the claim.
Deeth Williams Wallhttp://www.dww.com/articles/us-federal-circuit-construes-%E2%80%9Cconsisting-of%E2%80%9D-markush-group-as-being-limited-to-recited
Tasty Burger, a US restaurant chain operating in Boston and Washington, D.C., has demanded that Chipotle Mexican Grill (Chipotle) change the name and logo of its new burger franchise, Tasty Made, which is set to open this fall in Lancaster, Ohio.
Deeth Williams Wallhttp://www.dww.com/articles/some-tasty-trouble-brewing-fast-food-wars
On August 12, 2016, the Antitrust Division of the United States Department of Justice and the Federal Trade Commission (collectively the Agencies) jointly proposed updates to the 1995 Antitrust Guidelines for the Licensing of Intellectual Property (the IP Guidelines), which provides the Agencies enforcement policy for the licensing of intellectual property protected by patent, copyright, trade secret, and k
Deeth Williams Wallhttp://www.dww.com/articles/us-department-of-justice-and-federal-trade-commission-propose-updates-to-ip-licensing