infringement

Monsanto v Schmeiser Does Not Indicate SCC Departure From Existing Precedents: But-For Causation Still Required for Contributory Infringement

In Nycomed Canada Inc. v Teva Canada Limited 2012 FCA 195 (Noël, JA), the Federal Court of Appeal (FCA) considered whether the Federal Court erred in rejecting Nycomed’s counterclaim for induced infringement. The FCA upheld the lower court’s decision affirming that but-for causation must be established in order to successfully claim contributory infringement.

Motorola is Done Playing Games, Attempting to Ban the Sale of the Xbox 360 in the US

In an effort to draw a line in the sand in the smartphone market, an “innocent bystander” has been caught in the legal crossfire. Following a successful sales ban of the Xbox 360 in Germany, Motorola set its sights on the gaming console’s home turf, and currently, things are not looking good for Microsoft in […]

Whose Patent is It Anyway?: The Ongoing Legal Legacy Between Samsung and Apple

Using a quote that he attributes to Pablo Picasso, the late Steve Jobs stated in a 1994 interview that “good artists copy, great artists steal.” It seems somewhat ironic that Apple Inc., the company he co-founded, now finds itself in an entrenched legal battle with Samsung over a number of alleged patent and trademark infringements. The twist? […]

Fishing Across the Pond

Earlier this year, the Westminster Magistrates’ Court found that a young British student could be extradited to the United States to face allegations of copyright infringement. The United States Justice Department requested that he be extradited under the Extradiction Act, 2003 and the US-UK Extradition Treaty.

Appropriation Art: Transformative or Infringing?

Modern concepts of art and creativity pose a challenge for traditional notions of copyright law. Last March, the United States District Court for the Southern District of New York ruled on the legality of appropriation art.

Copyright or Kopimism?

After a little over a year and two failed attempts, the Legal, Financial and Administrative Services Agency of Sweden (Kammarkollegiat) finally officially approved an application in January made by 19-year-old Swedish philosophy student Isak Gerson to recognize the Missionary Church of Kopimism (Missionerande Kopimistsamfundet), and thus ‘Kopimism’ as a religion.

Flower Powers – ECJ Rules On Interflora v Marks And Spencer

Ben Farrow is a JD candidate at Osgoode Hall Law School. On September 22, 2011, the European Court of Justice handed down a judgement on a series of trade mark related questions spurred by the long running dispute between international flower delivery network Interflora and English retailer Marks and Spencer. The case stemmed from a […]

Sony v Tenenbaum: The Trouble With Statutory Damages For Copyright Infringement

Brian Chau is a JD candidate at Osgoode Hall Law School. In Canada and the United States, copyright owners may elect to recover an award of statutory damages for each work infringed instead of actual damages and profits. A wide range of statutory damages is possible and this has led to a series of troubling […]

“Pending Lists” Settlement A “Strong Financial Resolution” For Undercompensated Artists

Nora Sleeth is a JD candidate at Osgoode Hall Law School. On May 30, the Ontario Superior Court of Justice approved a settlement agreement in a class action between four record companies and thousands of artists who failed to receive royalties for the unlicensed use of their work.

Samsung Bites into Apple as Mobile Communications Patent Wars Continue

Dan Whalen is a JD candidate at Osgoode Hall Law School. In a blitz of lawsuits, Samsung Electronics has gone from defendant to plaintiff as it counter-sued Apple over alleged infringement of its mobile communications technology. Amid the field’s patent wars, one wonders how this battle between long-time allies will end.