Discretionary Remedies Clarified, and Videotron Ltd Successfully Defends Against Much Litigation-Experienced Rovi Guides Inc.

US Design Law Still Decorated with 1880’s Era Carpeting

Under the provisions of the United States Patent Act, the sale of “any article of manufacture” to which an infringing design has been applied makes the infringer liable “to the extent of his total profit” with respect to the article of manufacture. In other words, the language of the Act specifically bars apportionment of an […]

Spokeo: Will U.S. Supreme Court’s Decision Impact Privacy Damages in Canada?

The re-posting of this article is part of a cross-posting agreement with CyberLex. The Spokeo decision’s requirement that there be a concrete injury in order to ground privacy damages is not just a U.S. issue. Canadian courts have been wrestling for some time with the question of what damages look like in the context of […]

Copyright Infringement of Tiny Photos Leads to Gigantic Award

An American photographer has been making headlines after receiving a massive award for copyright infringement by a health supplement website in relation to two of his photographs. It took 5 years, but on October 11, 2013 Andrew Paul Leonard was awarded $1.6 million in damages to be paid by Stemtech Health Sciences and its distributor.

Improving the Patent Law Lottery by Reforming Damages

A key feature of any patent system is the right of enforcement available for infringement. Of the various recourses available in Canada, damages are the default remedy. Care is therefore necessary to ensure the correct level of damages is awarded, if only because undeservedly large or small damages awards may hurt innovation by depleting the […]

Apple Emerges Victorious over Samsung, but What Does it Mean?

After more than a year of grueling litigation, the dust has settled between the tech giants for the time being, and it seems as if Apple has come out on top over Samsung.

Copyright Lightweights: When 50 Pounds in Damages Might be Abuse of Process

The issue at the heart of Sullivan v. Bristol Film Studios is not merely the trivial amount of damages. Instead, the analysis from this recent case puts the principle of proportionality front and centre.

The Prince of Purses v Les Misérables: Louis Vuitton’s Latest Lawsuit Against Counterfeiters

Mekhala Chaubal is a JD candidate at Osgoode Hall Law School. A recently-decided US case (Louis Vuitton Malletier SA v. Akanoc Solutions Inc.) has trumped Canada’s largest LVM settlement so far (Louis Vuitton Malletier SA v. Singga Enterprises Inc). While the company is arguably only protecting its market share as one of the world’s premier […]

High Award For "Queen Of Tarts" On Default Judgment In Trade-mark Infringement Case

Taylor Vanderhelm is a JD candidate at the University of Alberta. The Federal Court of Canada awarded significant damages in a Pick v. 1180475 Alberta Ltd. et al. 2011 FC 1008, a suit for trade-mark infringement on August 18, 2011. The trade-mark in question was “The Queen of Tarts,” owned by Stephanie Anne Pick of […]

Federal Court of Appeal's Decision Interpreting Section 8 of the Patented Medicines (Notice of Compliance) Regulations Leads to Mixed Results

The Federal Court of Appeal has recently released its first decision interpreting Section 8 of the Patented Medicines (Notice of Compliance) Regulations [PM(NOC)]. The PM(NOC) Regulations essentially serve as a link between the patent system and the drug regulatory approval system. The Regulations enhance protection for pharmaceutical patents by requiring generic companies to "clear" relevant […]