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Intellectual
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CBA Intellectual Property Section

Articles are published by the Intellectual Property Section. Members interested in posting articles are encouraged to send them to the Section by email: CBAI_P@cba.org.

Today
Today

Case summary: Federal Court enforces interim order in copyright infringement suit

  • November 18, 2024
  • Homira Haqani

In this case, the Plaintiffs sought an order from the Federal Court (“FC”) to find Marshall Macciacchera, along with his companies, in contempt of court for failing to comply with an Interim Order related to a copyright infringement dispute. The Interim Order, issued on June 28, 2022, required the defendants to disclose financial information and assist in accessing assets related to the alleged infringement.

Intellectual Property

Case summary: Consequences of failing to respond to a summary judgement motion

  • November 18, 2024
  • Julianna Felendzer

This successful motion for summary judgment in a copyright infringement proceeding pertains to General Entertainment and Music Inc. (“GEM”) infringing on Kanal D’s (“Kanal”) copyright in 2,729 episodes of Kanal D Programs (the “Programs”).

Intellectual Property

Case summary: Federal Court orders interim domain blocking injunction against ISP’s

  • November 18, 2024
  • Kathryn Zanetti

The Plaintiff, Indigo Books & Music Inc. brought a motion for an interim and/or interlocutory injunction against unidentified Defendants to immediately: (1) take down and cease operating a number of websites and social media accounts which used the term “indigokillskids” (“IKK Platforms”) – including the domains www.indigokillskids.com and www.indigokillskids.ca; and (2) cease infringing activities on any other platform.

Intellectual Property

Case summary: FC pleading requirements where s. 53 of Patent Act (Material Misrepresentation) alleged

  • November 18, 2024
  • Cheryl Cheung

This Order dealt with a motion brought by the Defendant for leave pursuant to Rule 75 of the Federal Courts Rules (the “Rules”) to amend its Second Amended Statement of Defence in two proceedings. Both proceedings were commenced under ss. 6(1) of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 (the “Regulations”).

Intellectual Property