Following a summary trial granting damages and an injunction for passing off and copyright infringement of software (see 2021 FC 1336), the Court granted lump sum costs fixed at 25% of actual fees less a minor adjustment, plus reasonable disbursements.

The Court considered motions by each party to amend their pleadings and a motion by the defendant to bifurcate or adjourn the trial scheduled for August 2022. The defendant had implemented software updates alleged to be non-infringing alternatives, which had required updated expert reports and document requests. The plaintiff had sought to plead the new versions were “functionally equivalent” to the earlier versions of the software.

This was a failed section 56 appeal to set aside the Trademarks Opposition Board’s (TMOB) decision, rejecting the Applicants’ opposition to RE/MAX Hallmark Realty Ltd.’s trademark application to register HALLMARK for real estate services, among other services.

Lululemon athletica Canada inc. (“Lululemon”) sued Katelyn Dawn Campbell (“Campbell”), by way of a motion for summary trial, for infringing Lululemon’s registered trademarks (the “Marks”) by selling counterfeit merchandise.

2424508 Ontario Ltd v Rallysport Direct LLC, 2022 FCA 24 (CanLII)

On this pleadings motion, the case management judge declined to strike a pleading of abuse of process in the context of a trademark infringement action. That decision was upheld on appeal by Justice Little.

This decision concerned a motion brought by the plaintiff for leave to file a reply expert report. The underlying action was brought by the plaintiff under s. 8 of the PM(NOC) Regulations, and the plaintiff’s expert had provided an initial expert report and a revision on the potential profits in the but-for world.

This is an appeal of a successful motion to strike the claim of the Plaintiff, who asserted copyright in their MLS system. The decision was made by the Case Management Judge (“CMJ”) to strike The Toronto Regional Real Estate Board’s (“TRREB”) Statement of Claim against IMS Incorporated and Leon Y. D’Acona (collectively, the “Defendants”).

This is a motion to set aside a default judgment for copyright infringement obtained by the Plaintiff, The Toronto Regional Real Estate Board (“TRREB”). TRREB developed the MLS (Multiple Listing Service System) accessed by real estate professionals and obtained judgment against the Defendants, who operated an online portal that provides services to the real estate industry.

In preparation for trial of the plaintiff’s claim under s. 8 of the PM(NOC) Regulations, the parties had attempted, but failed, to reach agreement on a confidentiality order. The plaintiff then brought a motion for the Court to grant its proposed confidentiality order (the “Proposed Confidentiality Order”).