This decision concerned a motion by 2474234 Ontario Inc (“247”) and the Estate of the late Moishe Smith (“Smith”) to set aside the default judgment that was issued against them in connection with Dunns Famous International Holdings Inc.’s (“Dunns”) underlying action for trademark and copyright infringement.

Federal Court establishes inventorship and ownership of a contested patent

The applicant movie production companies sought certification of a reverse class action against a class of about 874 individuals whose IP addresses had allegedly uploaded and downloaded certain files, thereby violating copyright. This follows a first certification motion (see 2019 FC 1412) remanded by the Federal Court of Appeal (2021 FCA 176).

Pharmascience is appealing a judgment in which the Court held that one of Janssen’s patents was not invalid. At the Federal Court, the Patented Medicines (Notice of Compliance) action was bifurcated into infringement and validity actions. Pharmascience also appealed the decision in the summary judgment of the infringement action. This motion was brought by Pharmascience to settle the appeal book contents in the appeal of the validity judgment.

GNR applied to register GNR CAMPING WORLD & Design for RVs and their parts (“Goods”) and for related sales services (“Services”), based on use of the mark in Canada. CWI opposed.

These two cost assessments relate to appeals of a trademark opposition proceeding to the Federal Court (see 2018 FC 408) and Federal Court of Appeal (see 2020 FCA 76). The appeals were dismissed at both levels and costs ordered in favour of the respondent. While the respondent filed bills of costs for both proceedings in support of the assessment, it did not file submissions to save money.

In this copyright proceeding, the Appellants appealed the order of Justice Pallotta of the Federal Court in which she overturned a portion of an earlier unreported speaking order issued by Prothonotary Milczynski (as was the applicable title at the time of the order).

The Plaintiff, Gérald McNichols Tétreault, brought a motion to appeal an Order by a Case Management Judge, Associate Judge Steele, granting the Defendants’ motion to strike the Statement of Claim and dismissing the Plaintiff’s motion to amend the Statement of Claim (“Order”).

In this case, the Federal Court heard an appeal by the Plaintiff of a procedural decision that struck out the Plaintiff’s claim against the Defendants on the basis that it was barred as res judicata under the “cause of action estoppel doctrine.”

The Plaintiffs, Louis Vuitton Malletier and Louis Vuitton Canada, Inc., brought an ex parte motion for default judgment to stop the Defendant from marketing and selling counterfeit goods online through e-commerce and social media applications. The Court held that the Plaintiffs’ trademarks were infringed and granted the Plaintiffs’ request for both compensatory and punitive damages.