The Federal Court granted the Plaintiff’s motion for default judgment, awarding $29,300,000 in statutory damages for copyright infringement relating to pre-loaded set-top boxes and internet protocol television (or IPTV) services.

This decision involves an application by Norsteel Building Systems Ltd. (“Norsteel”) under section 57 of the Trademarks Act to expunge a registration for the trademark NORSTEEL owned by Toti Holdings Inc. (“Toti”).

The defendants (“Simplot”) brought a motion under Rule 237(3) seeking an order that an employee of McCain Alimentaire SAS (“McCain France”), a subsidiary of the plaintiff McCain Foods Limited (“McCain”), be examined for discovery as McCain’s representative.

Teksavvy Solutions Inc. v Bell Media Inc., 2021 FCA 100

Teva brought a motion seeking a stay of the ongoing re-examination proceeding [the Re-examination Proceeding] related to Patent No. 2,760,802 [the 802 Patent] before the Re-examination Board of the Canadian Intellectual Property Office [the Board] until the conclusion of all appeals from the recent judgment in this Federal Court action. The Attorney General of Canada [the AG], on behalf of the Board, consents to the motion. The motion is opposed by the Defendant Pharmascience.

Appeal under Section 56 of the Trademarks Act by Beverly Hills Jewellers MFG Ltd. (the “Applicant”) of the Trademarks Opposition Board’s (“TMOB”) decision to refuse its applications to register the composite trademarks FIRE AND ICE CANADIAN DIAMOND & Design and FIRE ON ICE CANADIAN DIAMOND & Design (collectively, the “DIAMOND Marks”):

Appeal under Section 56 of the Trademarks Act by Beverly Hills Jewellers MFG Ltd. (the “Applicant”) of the Trademarks Opposition Board’s (“TMOB”) decision to refuse its application to register the composite trademark TRULY CANADIAN CERIFIED GOLD & Design (the “GOLD Mark”):

H-D USA, LLC is the owner of registered trademarks for HARLEY-DAVIDSON, H-D, “Bar and Shield” design marks, and “Skull” design mark. Eli Varzari offered for sale custom-built electric bicycles called “Harley Davidson Willie G Edition” or “Harley Davidson Edition”.

The Subway branded sandwich restaurant chain brought an action to enjoin use of “Budway” along with a logo adopted to resemble Subway’s trademark logos. Subway alleged that the Budway trademark infringed its registered trademark and amounted to both passing off and depreciation of goodwill. The Court agreed and provided injunctive relief along with an award of damages and costs.

This motion for summary judgment involved the Canadian author, Thomas P. Kelley’s (“Kelley”) 1954 book The Black Donnellys and its sequel Vengeance of the Black Donnellys. The works recounted a famous fight in 1875 in Lucan, Ontario, over a land dispute and long-lasting feud.