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Intellectual
Property

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

“Functionally equivalent” infringement amendments prior to trial denied

  • May 02, 2022
  • Alan Macek

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.

Intellectual Property

Case summary: The Federal Court addresses registrability of laudatory trademarks

  • May 02, 2022
  • Jenny Thistle

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.

Intellectual Property

Case summary: Improper portions of reply expert report not admissible

  • February 16, 2022
  • David Chapman

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.

Intellectual Property

Case Summary: Federal Court suggests previous decisions respecting copyright cannot necessarily be used as precedent

  • February 16, 2022
  • Ken Clark and Jose Garcia-Bonilla

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”).

Intellectual Property

Case Summary: Federal Court highlights a cautionary tale regarding default judgements

  • February 16, 2022
  • Ken Clark and Jose Garcia-Bonill

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.

Intellectual Property

Case summary: Federal Court dismisses motion for confidentiality order

  • February 16, 2022
  • David Chapman

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”).

Intellectual Property

Case Summary: Federal Court opines on potential for appointment of multiple solicitors of record

  • February 16, 2022
  • David Bowden

This decision involves a motion to strike a Notice of Change and Appointment of Solicitor. The motion was brought in the context of a patent infringement action commenced by Farmobile LLC (“Farmobile”) against Farmers Edge Inc (“Farmers Edge”). During the course of that proceeding, two of Farmobile’s solicitors left their original firm and formed their own firm; Farmobile filed a document that purported to appoint the new firm as solicitor in addition to its previous firm.

Intellectual Property