Trademarks and Competition Act

The Ontario Court has released a decision this week in The Commissioner of Competition v. Yellow Page Marketing, 2012 ONSC 927 which found that, contrary to the Competition Act, the respondents had made material false or misleading representations intending to deceive Canadians into believing they were dealing with the Yellow Pages Group, owner of the Yellow Pages trademark and walking fingers design.

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Copyright class action against Thomson Reuters

The Ontario Superior Court has granted certification in the class action against Thomson Reuters/Carswell for copyright infringement over allegations of reproducing copies of court filed documents. The class includes lawyers in private practice who have authored materials filed with the courts and reproduced in Carswell’s “Litigator” offering.

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Top cases cited in IP decisions in 2011

Utility, selection patents and sound prediction were key issues identified in an analysis of the cases cited in the 132 IP decisions released in 2011 by the Federal Court and Federal Court of Appeal. The most cited cases related to standard of review, and from the Supreme Court, the 2008 Sanofi decision, Whirlpool, Consolboard and Wellcome.

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Provincial IP decisions – trade secrets and descriptiveness

From the Ontario Court, in Paradigm Shift Technologies Inc. v. Alexander Oudovikine, 2012 ONSC 148, the court rejected a motion for an interlocutory injunction on alleged trade secrets held by an ex-employee. In Boulangerie St-Méthode v. Boulangerie Canada Bread, 2012 QCCS 83, the Quebec Court considered distinctiveness and descriptiveness of the mark « sans gras sans sucre » for bread.

CAFC on computer claims in DealerTrack

The U.S. Court of Appeals for the Federal Circuit released a decision today in DealerTrack v. Huber on the patentability of computer claims. It held that claims “for executing a computer program” were means-plus-function limited to the algorithms in the specification and “computer aided” limitations did not render claims patentable subject matter.

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Canadian Intellectual Property