This case involved two motions for summary trial (the Plaintiff moved for summary trial on its claims, and the Defendants moved for summary trial on their counterclaim) where both parties’ motions were granted, and that ultimately resulted in the Plaintiff’s action for passing off being dismissed and the Plaintiff’s trademark being expunged.

The defendants defended the plaintiff’s motion for summary judgment for passing off, and successfully expunged the plaintiff’s registered trademark (see 2022 FC 1042). The defendant was entitled to costs on the motions for summary judgment.

Federal Court expunges trademark registration for being filed in bad faith

The Court granted the defendants’ moved to dismiss or permanently stay the copyright infringement proceeding on the basis of cause of action estoppel and abuse of process.

The plaintiff rights owner to a movie sought default judgment against a series of defendants alleged to have used a peer-to-peer service to download the movie. CIPPIC intervened.

This case is an appeal brought by the Defendants to the Order of Case Management Judge Aalto (CMJ) on March 22, 2022. The Defendants appealed the dismissal of the Defendants’ motion to strike the Plaintiff’s Statement of Claim against Telefonaktiebolaget L M Ericsson, Ericsson Canada Inc., MK Systems USA Inc., and MK Mediatech Canada Inc. (Mediakind) for failure to plead material facts supporting their infringement claim.

This case involved an appeal (pursuant to Rule 51 of the Federal Courts Rules) to the Prothonotary’s order on April 5, 2022. The Order granted the Plaintiff a 90-day extension to serve his Statement of Claim to Genie Bouchard (one of the Defendants), and dismissed his motion for substitutional service.

The plaintiffs, Janssen Inc. and Actelion Pharmaceuticals Ltd, brought this patent action against Sandoz Canada Inc. pursuant to subsection 6(1) of the Patented Medicines (Notice of Compliance Regulations) in relation to the prescription medication OPSUMIT®, containing the compound macitentan as the active ingredient.

This appeal, brought by Farmers Edge, arose from a decision by the Federal Court on an interlocutory motion that permitted Farmobile to make certain amendments to its claim but did not permit Farmers Edge to make all of the amendments to its statement of defence that it sought.

Federal Court dismisses copyright claim under State Immunity Act