Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Tag Archives: copyright

Appeals to Watch in 2015: The Appeals Monitor’s Top Ten

Posted in Case Previews, Features

 

 

I can’t predict the future and I don’t have respect for people who try to.
-Jackie Mason (1931-)

As part of the Appeals Monitor’s annual attempt to give lawyers something to talk about over the holidays other than the two traditional Canadian touchstones (weather and hockey), we are proud to once again this year present our top ten anticipated appeals for the new year.  Of course, we can’t control what the judges will actually do with these cases, but we think these are the ones worth watching.

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The Aereo Decision – Canadian Content?

Posted in Case Comments, Intellectual Property

The following post on the snIP/ITs blog may be of interest to readers of this blog: The Aereo Decision – Canadian Content?

On June 25, 2014, the United States Supreme Court ruled in a 6-3 decision in American Broadcasting Cos., Inc. et al v. Aereo, Inc. that Aereo’s Internet retransmission service infringes copyright. McCarthy Tétrault played a small role by filing an amicus brief on behalf of a coalition of international rights holders and copyright scholars that drew the Court’s attention to the need to interpret the US Copyright Act in a technologically neutral way, as similar copyright laws have … Continue Reading

Top Appeals of 2012: The Appeals Monitor Looks Back

Posted in Case Comments, Class Actions, Features, Torts

As the year draws to a close, we thought it appropriate to look back at the most significant civil appeals of 2012, and to look forward to the appeals in 2013 that are sure to impact Canadian businesses and professions. In this year-end post – the first of a special two-part series – Canadian Appeals Monitor will review four areas in which appellate courts were particularly active in 2012: (1) class actions; (2) copyright; (3) private international law; and (4) torts. Some of these cases have been written about previously on this blog, whereas others are new. We hope you … Continue Reading

Infringing via the Unspoken: Marlboro Appeal Increases Scope of Confusion for Trade-marks Infringement

Posted in Administrative, Case Comments, Intellectual Property

In an eagerly anticipated decision, the Federal Court of Appeal has allowed in part Imperial Tobacco’s unique infringement lawsuit against Philip Morris in the Marlboro Canada Ltd. v. Philip Morris Products S.A. decision. This  lawsuit involved the first cigarette package in the world that bore no brand name, with the plaintiff claiming instead that the visual appearance and idea of the package evoked its registered trade-mark MARLBORO. This theory has now won out on appeal, and may increase the ability of registered trade-mark owners to target competitors evoking the idea of their brands without actually employing the key marks.

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