Following a well-publicized debate, on May 24, 2022, the National Assembly of Québec finally passed the Act respecting French, the official and common language of Québec (Bill 96), a major reform of the 1977 Charter of the French
NRF Digital Team
Federal Court of Canada Issues Default Judgment to Stop Online Infringement
By NRF Digital Team on
Default judgment can be an effective way to stop online infringement. The Federal Court’s decision in Kaira District Co-operative Milk Producers’ Union Limited v. AMUL Canada, 2021 FC 636 is the most recent example of the effectiveness of default…
Canada’s Federal Court of Appeal: Site-blocking Orders are Here to Stay
By NRF Digital Team on
The Federal Court of Appeal, in Teksavvy Solutions Inc. v. Bell Media Inc., 2021 FCA 100 (“Teksavvy”), affirmed an order compelling non-party Internet service providers (ISPs) to block access to websites of the pirated television streaming…
Canada Consults on Online Copyright Reform
By NRF Digital Team on
On Wednesday, April 14, 2021, the Canadian government launched a consultation on “a Modern Copyright Framework for Online Intermediaries”, seeking comments from the public until May 31. The goal of this consultation is to “ensure that Canada’s copyright framework for…
NATIERRA: Presenting Fresh Evidence on Appeal
By NRF Digital Team & Caroline Henrie on
A recent decision of the Federal Court, Brandstorm, Inc. v Naturally Splendid Enterprises Ltd., 2021 FC 73, has confirmed that where “sufficiently substantial and significant” evidence is presented on review, the appeal of a decision of the Registrar of…
Breaking new ground(s)? McDonald’s opposes “McMortgage” citing depreciation of goodwill
For the first time ever, Canada’s Trademark Opposition Board (TMOB) has held that a ‘depreciation of goodwill’ claim can serve as a valid ground of opposition in trademark opposition proceedings. In doing so, the TMOB has arguably continued…
Stuff of folklore: the sale of Taylor Swift’s masters
By NRF Digital Team on
Scooter Braun and Ithaca Holding’s recent acquisition of the record label Big Machine Records and, most importantly, the master recordings of Taylor Swift’s first 6 albums is no love story. Indeed, Scooter Braun’s subsequent USD $300 million sale of these…
Protecting goodwill: When in doubt, be kind!
For many people the word “BOSS” on a piece of clothing evokes the German luxury fashion house Hugo Boss. (Employers usually don’t need to affix a BOSS mark on their clothes to signal their position.)
Yet for some, especially in…
Domain Names and Online Trademarks: When is a Consumer Confused?
By NRF Digital Team on
As more businesses move online, the value and importance of domain names and online trademark enforcement grows. The Superior Court of Quebec has reaffirmed that a confusing domain can land your business in legal trouble.
The dispute arose between the…
Where the Rubber Hits the Road: Damages for Canadian E-Commerce Copyright Infringement
By NRF Digital Team on
In Rallysport Direct LLC v 2424508 Ontario Ltd, 2020 FC 794, the Canadian Federal Court awarded $357,500 in statutory damages and $50,000 in punitive damages for infringement of copyright in 1,430 photographs.
Background
Rallysport Direct LLC (RSD…