Tag: jurisdiction

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 denies leave in satellite radio copyright caseSupreme Court denies leave in satellite radio copyright case



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:

  • When an entity provides a service for use with its own designed and manufactured devices e.g.,