Licensing

January 27, 2015

TMOB Removes Investment Advice from Atticus’s List of Services

Atticus Canada Inc v Atticus Management LLC, 2014 TMOB 196 - Evidence of trade-mark use consisting of copies of license agreements allowing Atticus Capital LP to use the Mark was taken to demonstrate use in association with financial services generally, but not in association with investment advice.
November 30, 2014

SCC Recognizes an Organizing Principle of Good Faith in Contract Law and a New Duty of Honest Contractual Performance

Bhasin v Hrynew, 2014 SCC 71 - The Supreme Court of Canada recognized a general organizing principle of good faith that underlies many facets of contract law, and created a new common law duty requiring contracting parties to honestly perform contractual obligations as a manifestation of this organizing principle.
February 4, 2013

Breach of Timely Notice Requirement Does Not Deprive Licensee from Patent Infringement Defence and Indemnity under Software Licensing Agreement

Coastal Contacts Inc. v. Elastic Path Software Inc., 2013 BCSC 133 Overturned on Appeal [2013 BCCA 541] Elastic Path and Coastal Contacts entered into a Software […]