Supreme Court of Canada: Photocopies for Primary and Secondary School Instruction Constitutes Fair Dealing

This is the second in a series of five posts about the Supreme Court of Canada’s copyright decisions released on July 12, 2012. On Thursday, July 12, 2012, the Supreme Court of Canada (SCC) issued its decision in Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37. The decision is significant because … Continue reading

Canadian Trade-mark Practice Roars into a New Age: Sound Marks Now Registrable in Canada

On March 28, 2012, the Canadian Trade-marks Office (TMO) announced that it will be accepting sound mark applications effective immediately. On the same day, the TMO published the first advertisement of a Canadian sound mark application in the Canadian Trade-marks Journal at page 2 – application No. 714314 for MGM’s roaring lion sound mark, filed … Continue reading

Ontario Court of Appeal Rules that a Domain Name is Property

The Ontario Court of Appeal recently ruled that a domain name is a form of intangible property in Co. v. Lojas Renner S.A. 2011 ONCA 548. The Court of Appeal’s decision is significant for domain names registered to entities located in Ontario, and specifically for .com and other generic top-level domain names subject to … Continue reading

The Supreme of Canada Clarifies Criteria for Assessing Trade-mark Confusion in Masterpiece Inc. v. Alavida Lifestyles Inc.

The Supreme Court of Canada (SCC) issued its eagerly awaited decision in Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27 (“Masterpiece”) on May 26, 2011. In Masterpiece, the SCC had to determine whether the trade-mark MASTERPIECE LIVING registered by Alavida Lifestyles Inc. (“Alavida”), a business in the Ontario retirement residence industry, was confusing with … Continue reading

The Supreme Court of Canada will issue its decision this Thursday (May 26, 2011) in Masterpiece Inc. v. Alavida Lifestyles Inc.

The issues on appeal generally applicable to trade-mark confusion cases are: 1. Is there a reasonable likelihood of confusion between two trade-marks if the marks are not already in competition in the same geographic area at the material date? 2. Can the manner in which each mark is used (i.e. the “get-up”) overcome a reasonable … Continue reading

Canadian Copyright Reform Legislation Introduced

The Canadian government introduced a copyright reform bill yesterday. Previous attempts at reform over the past few years have stalled due in part to elections and some protests against reform.

Update on Labatt v. Brick Brewing Lawsuit over Lime Beer

Anheuser-Busch and Labatt amended their Statement of Claim in Brick Brewing lime lawsuit.

Molson sues Labatt over mountain trade-mark

Molson Coors has sued Labatt, alleging that a mountain logo used in advertising for Labatt’s Kokanee product is confusingly similar to the Coors Light mountain logo.

Report: XM Canada Settles Royalty Lawsuit

XM Canada has settled a lawsuit brought by Canadian songwriters and publishers, alleging non-payment of royalty fees.

Canadian songwriters, publishers sue XM Radio Canada operator over unpaid royalties

The operator of XM Radio Canada has been sued for unpaid copyright royalties. The allegations have not been proven in court.