Tag: expert evidence

Supreme Court hears oral argument in Cinar/Robinson copyright cases (Updated)Supreme Court hears oral argument in Cinar/Robinson copyright cases (Updated)



Earlier today, the Supreme Court heard oral argument in four copyright cases arising from the decision of the Quebec Court of Appeal in the France Animation v Robinson, 2011 QCCA 1361 case. The main issue in the appeal was whether sketches and characters of the proposed TV series Robinson curiosity were infringed by the series Robinson sucro. The trial judge found infringement and the Court of Appeal upheld the judgment, in part. The webcast from the argument is being archived and will be available here.

A Masterpiece for Brand Owners – The Supreme Court of Canada makes it easier to enforce your trade-markA Masterpiece for Brand Owners – The Supreme Court of Canada makes it easier to enforce your trade-mark



By Brian Edmonds, Beth Macdonald and Dan Glover*

On May 26, 2011 the Supreme Court of Canada released its decision in Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27. The Court reversed decisions by the Federal Court and Federal Court of Appeal, and painted a rosier picture for those who seek to protect trade-mark rights in Canada.

Masterpiece started using the trade-mark MASTERPIECE THE ART OF LIVING in Alberta in 2001.  It used the mark in association with retirement residences.