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Canada Interlocutory Injunctions

Smart & Biggar

Interlocutory injunctions: powerful tools for trademark owners in Canada

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A recent Canadian decision illustrates how powerful interlocutory injunctions can be for trademark owners involved in trademark infringement litigation in Canada. On January 2, 2024, in Amer Sports Canada Inc v Adidas Canada...more

Smart & Biggar

Federal Court quashes RUZURGI NOC and returns matter to the Minister of Health for redetermination

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Update: On redetermination, Health Canada issued a new notice of compliance for RUZURGI on June 24, 2021. Catalyst and Kye have sought judicial review (Court File No T-1047-21). On May 31, 2021, the Federal Court quashed a...more

Smart & Biggar

Federal Court denies stay of decision issuing NOC for RUZURGI

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On September 30, 2020, the Federal Court dismissed an application by Catalyst Pharmaceuticals Inc (Catalyst) and KYE Pharmaceuticals Inc (KYE) (collectively, the applicants) for an interlocutory injunction to stay the...more

Smart & Biggar

Federal Court issues unprecedented site-blocking order requiring Internet Service Providers to impede access to piracy services

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On November 15, 2019, the Federal Court issued an Order compelling Canada’s primary Internet service providers (“ISPs”) to block their subscribers from accessing two Internet services that distribute infringing television and...more

Smart & Biggar

Year-end Round-up: Notable Canadian Patent Cases of 2018

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Earlier this month we published an exhaustive review of the life sciences and regulatory cases in the Canadian courts, and decisions on the merits for the year are summarized in our in our Rx IP Update 2018 Highlights in...more

Smart & Biggar

Media pirates walk the plank: extraordinary remedies against copyright infringers in Canada

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In most jurisdictions, copyright owners often face numerous challenges when seeking to enforce their rights against media pirates. These challenges may include suffering ongoing harm pending judgment, the difficulty of...more

Smart & Biggar

Federal Court of Appeal approves website seizure and Anton Piller order against online copyright piracy platform

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On February 20, 2018, the Federal Court of Appeal issued its judgment in Bell Canada v Lackman (2018 FCA 42), declaring that an interim injunction authorising the shutdown and seizure of piracy websites and an Anton Piller...more

Ladas & Parry LLP

Google Inc. V. Equustek & The Supreme Court Of Canada

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In the case of Google Inc. v. Equustek, the Supreme Court of Canada has upheld the grant of a preliminary injunction by the Court of Appeals of British Columbia ordering Google to de-index on a global basis websites of a...more

Bennett Jones LLP

Procure and Enforce—Canada's Highest Court Hands IP Owners Two Wins in Three Days

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The Supreme Court of Canada has issued two IP decisions in the span of three days—both of which spell victory for IP rights-holders. One case confirms the availability of a novel form of worldwide injunction where a non-party...more

Smart & Biggar

Federal Court of Appeal upholds interlocutory injunction directed at retailers of set-top boxes loaded with copyright-infringing...

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As reported previously, the Federal Court issued an interlocutory injunction on June 1, 2016 directed at retailers of set-top boxes that are configured, or “pre-loaded”, with various applications that provide their users with...more

Smart & Biggar

Rare Interlocutory Injunction Issued by Federal Court in Trademark Case

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In a significant decision issued last week, Sleep Country Canada Inc v Sears Canada Inc, 2017 FC 148, the Federal Court issued rare interlocutory relief to a Plaintiff in a trademark case. ...more

Bennett Jones LLP

SCC Denial of Leave Allows First Nations to Pursue Claims Prior to Proving Aboriginal Title

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The Supreme Court of Canada recently denied applications for leave to appeal in Saik’uz First Nation and Stellat’en First Nation v Rio Tinto Alcan Inc., 2015 BCCA 154 (Saik’uz), and Iron Ore Company of Canada. v Uashaunnuat,...more

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