Posts Tagged ‘jurisdiction’

Homeaway.com Decision Threatens to Re-write Trade-mark Law in Canada (But Is it for the Better?)

December 14th, 2012

In a case that could have major ramifications for trade-marks law in Canada, Justice Hughes of the Federal Court has concluded that, when a trade-mark appears on a computer screen website in Canada, regardless where the information may have originated from or be stored, constitutes for Trade-Marks Act purposes, use and advertising in Canada.

This strong conclusion comes from Homeaway.com, Inc. v. Martin Hrdlicka, 2012 FC 1467, a decision released December 12, 2012. In this case, the Applicant sought to expunge a trade-mark registered in 2010 by the Respondent Hrdlicka. On the Application, the Respondent represented himself.

Jurisdiction in the Internet Age

November 5th, 2011

Below are slides used by my colleague Dan Glover in a presentation on Friday at the Canadian Council on International Law’s (CCIL) Annual Conference. His talk was on jurisdiction in the internet age.

Supreme Court denies leave in satellite radio copyright case

October 21st, 2011

Yesterday the Supreme Court denied CSI’s motion for leave to appeal in the CSI v Canadian Satellite Radio Inc. case. The result leaves standing the decision of the Federal Court of Appeal in Sirius Canada Inc. v. CMRRA/SODRAC Inc., 2010 FCA 348. This decision dismissed two judicial review applications from the Copyright Board’s decision released in April, 2009.

The decision of the Federal Court of Appeal contained several important copyright rulings. In particular the Court ruled that: