Allarco Entertainment 2008 Inc v Staples Canada ULC et al, 2021 ABQB 340


Read full decision. Summary prepared by Alan Macek:

"A broadcaster seeks to block sales of certain TV set-top boxes by four major retailers. It sees the boxes as purely “piracy devices.” It contends that some of the retailers’ employees encouraged customers to use such boxes to access pirated programming and even guided them in the necessary steps. ... I find no material evidence of encouragement and guidance or at least any causing harm to Allarco and, in any case, no evidence of any continuing such conduct or any material risk of it. I also find that the units in question have legitimate uses and that any post-purchase misuse by consumers cannot be blamed on the retailers. Accordingly, I deny the broadcaster’s request for an interlocutory injunction. I also stay the main action until the copyright owner(s) are added and award the retailers costs on a solicitor-and-client basis."


Canadian Intellectual Property