Tan-Jen Ltd v Di Pede, 2015 ONSC 3685 - In a copyright infringement case regarding supposedly one-of-a-kind design moulds for a home's exterior, the Court allowed inspection of the property for valuation purposes and refused a request to keep the court proceedings closed from the public.
Jamieson Laboratories Ltd v Reckitt Benckiser LLC, 2015 FCA 104 - The FCA upheld an interlocutory injunction preventing Jamieson Laboratories Ltd. from selling its omega-3 fatty acid supplements under the name “OMEGARED”. The injunction was awarded largely because of the finding that Jamieson had strategically rebranded its product line from “Super Krill” To “Omega Red” in order to frustrate the entrance of Reckitt’s “MEGARED” product line into the Canadian market.
Imperial Manufacturing Group Inc v Decor Grates Incorporated, 2015 FCA 100 - Faced with the rebuttable presumption that Decor was the proprietor of the industrial design, it was on the plaintiff to adduce evidence to the contrary, not to fish for the supporting facts from Decor during pleadings.
Wolfe v Shawcor Ltd, 2015 ABQB 181 - The Alberta Court determined that a corporation that assigned all of its confidential intellectual property has no standing to sue for breach of that confidential information.
Sanofi-Aventis Canada Inc v Teva Canada Limited - 2014 FCA 65 - The Court dismissed Sanofi’s appeal to amend its statement of defence in a PM(NOC) proceeding. It is not sufficient that allowing the amendment would not be unjust. What is required is that any injustice to the other party is capable of being compensated by an award of costs and the interest of justice must be served.