Day: December 14, 2012

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



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.

Supreme Court nixes value for signal regimeSupreme Court nixes value for signal regime



The Supreme Court released its decision yesterday ruling that the CRTC did not have the power to implement its proposed “value for signal regime”. The decision is a very significant one. First, because it limits the powers of the CRTC under the Broadcasting Act. Second, because it interprets S. 89 of the Copyright Act in a way that, effectively, creates a pre-emption doctrine that limits the powers to create copyright like rights to Parliament.[i]

The value for signal regime would have permitted local television station broadcasters to negotiate compensation for the retransmission of their signals by cable and satellite companies (BDUs).

Computer and Internet Law Updates for 2012-12-14Computer and Internet Law Updates for 2012-12-14