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Copyright

Indigo et al. ats Miguna Miguna

Representing Indigo group of defendants in an action for copyright infringement, injunction and damages relating to a book.
Counsel: Jonathan Colombo and Amrita V. Singh
(2015), Ontario SCJ file No. CV-15-529
Jonathan Colombo and Amrita V. Singh

Crowder Mfg. Inc. v Produits Architecturaux Unique Inc.

Represented Crowder Mgf. Inc. in a copyright infringement matter relating to the reproduction of product drawings and written instructions for door hardware assemblies.
Counsel: Robert MacFarlane, Adam Bobker and Noelle Engle-Hardy
(2014), (T-2220-14)

JD Irving, Limited v. John Doe a.k.a. Jason Jones

Representing JD, Irving in an action for copyright infringement against Jason Jones relating to JD Irving’s “I’m with JDI” advertising campaign. Successfully moved for default judgment.
Counsel: Jonathan Colombo and Amrita V. Singh
(2014), (T-2554-14)
Jonathan Colombo and Amrita V. Singh

Strathearn Consulting Inc. v Barbra Ann Kirshenblatt, John Doe and Jane Doe

Defending Barbara Ann Kirshenblatt in a matter relating to copyright in exterior design features on a recently renovated 1930s house that are claimed to be infringed by the exterior features of a newly constructed custom house.
Counsel: Adam Bobker and Tamara Céline Winegust
(2014), (T-1876-14)

Masterfile Corporation v. Acier St-Michel Inc.

Representing Masterfile Corporation in an action for damages for copyright infringement based on unauthorized use of copyright images on a website.
Counsel: Representing Masterfile Corporation in an action for damages for copyright infringement based on unauthorized use of copyright images on a website. Counsel: Adam Bobker
(2013), (T-433-13)

Masterfile Corporation v. Various Defendants

Representing Masterfile Corporation in various actions for damages for copyright infringement based on unauthorized use of copyright images on websites.
Counsel: Adam Bobker and Jeff Gordon
(2013)

Charm Diamond Centres Ltd. et al. ats. Merit Diamond Corp.

Defending Charm Diamond Centres and J.S.N. Jewellery in an action for copyright infringement and passing off relating to jewellery designs.
Counsel: Adam Bobker and Amrita V. Singh
(2012), (T-1154-12)

GRG Building Consultants, Inc. v. Juffs et al.

Representing GRG Building Consultants in an action for copyright infringement relating to condominium industry reports.
Counsel: Jill Jarvis-Tonus and Megan Langley Grainger
(2012), (CV-12-450781)

Heys International Ltd. v. Calego International Inc.

Represented Heys in an action for statutory damages or profits for copyright infringement relating to hang tags for luggage. Settled after discovery.
Counsel: Adam Bobker
(2012), (T-1810-12)

Penguin Group (Canada) et al. ats. Cooley & Co. Ltd. et al.

Represented Penguin Group (Canada) in a copyright infringement action brought against it relating to a three-dimensional model of a dinosaur egg.
Counsel: Andrew McIntosh
(2011), (T-1885-11)

Penguin Group (Canada) et al. ats. Lee et al.

Represented Penguin Group (Canada) in a copyright infringement action brought against it in respect of several literary works.
Counsel: Andrew McIntosh
(2011), (T-1723-11)

Re-Flex 2000 Inc. v. 1474260 Ontario Inc. (Star Night Import & Export) et al.

Represented Re-Flex 2000 Inc. in an action for copyright infringement relating to several graphic heat transfers created by the plaintiff for use in the souvenir industry. The action settled as a result of mediation.
Counsel: Adam Bobker and Josh Spicer
(2010), (T-1337-10)

Toolbox Solutions Inc. v. Bruce et al.

Represented ToolBox Solutions in an action and arbitration relating to an information technology supply agreement.
Counsel: Adam Bobker and Megan Langley Grainger
(2008), (CV-08-360410-0000)

Market Traders Institute Inc. v. Monetary Investment Group Inc.

Represented Market Traders Institute in an action for copyright infringement relating to training materials used to teach foreign currency exchange trading. A default judgment was obtained for $1,000,000 in damages and $50,000 in aggravated and exemplary damages.
Counsel: Jonathan Colombo and Josh Spicer
(Reported decisions: 2008 CanLII 65770 (ON SC))
(2006), (06-CV-305754PD2)

QAD Inc. v. Stratford Holdings Corporation

Represented QAD in an action for copyright infringement relating to QAD software used in managing manufacturing processes. A motion for summary judgment against Stratford Holding was brought. Although dismissed at first instance, the motion was granted in part by the Federal Court of Appeal. The action was later settled.
Counsel: Jonathan Colombo
(Reported decisions: 2007 FC 53, 2007 FCA 394)
(2006), (T-514-06; A-62-07)

Vizinczey v. Serendipity Point Films Inc.

Acted for the author Stephen Vizinczey in an application to recover royalties on the sale of the movie rights to his novel “In Praise of Older Women”. The defendant was unsuccessful in having the application converted into an action, and then a settlement was reached.
Counsel: Jonathan Colombo
(Reported decisions: 2007 CanLII 7410 (ON SC), 2007 CanLII 10908 (ON SC))
(2006), (06-CV-317673PD1)

adidas-Salomon AG et al. v. 2690942 Canada Inc. (Campea)

Represented adidas in an action for copyright and trademark infringement relating to soccer jerseys. The action was settled and a consent judgment issued.
Counsel: Andrew McIntosh and Josh Spicer
(Reported decisions: 2008 FC 776)
(2005), (T-1244-05)

Ulextra Inc. ats. Pronto Luce Inc.

Represented Ulextra in the defence of an action alleging copyright infringement, passing off and infringement of various industrial design registrations by the sale of various lighting fixture designs. Obtained summary judgment dismissing the action.
Counsel: Robert MacFarlane
(Reported decisions: 2004 FC 590)
(2004), (T-185-04)

Video Box Enterprises Inc. et al. v. Kien Phac Lam et al.

Represented Video Box Enterprises, a distributor of Chinese-language television programs, in an action against a counterfeit operation. Obtained summary judgment granting an injunction and damages.
Counsel: Adam Bobker
(Reported decisions: 2006 FC 546)
(2004), (T-1034-04)

Hayden ats. Smith

Defended the artist Michael Hayden in a copyright infringement action in which it was alleged that the artist’s work entitled All Things Being Equal was an infringement of the plaintiff’s copyright in a sketch of a similar concept. The action was dismissed at trial and the trial judgment was upheld on appeal.
Counsel: Mark Robbins
(Reported decisions: 2008 CanLII 64395 (ON SC), 2009 CanLII 9394 (ON SC))
(2003), (C-1410/03)

Asterix Security Hardware International Inc. ats. Les Editions Albert Rene S.A.R.L.

Defended Asterix Security Hardware in an action for copyright infringement and trademark infringement relating to the trademark ASTERIX and the copyright-protected character name Asterix.
Counsel: Robert MacFarlane and Brigitte Chan
(2001), (T-1988-01)

Masterfile Corporation v. World Internett Corp. et al.

Acted for Masterfile Corporation, a stock image company, in a copyright infringement action relating to the unlicensed use of Masterfile images on various websites. The action settled before trial.
Counsel: Adam Bobker
(Reported decisions: 2001 FCT 1416)
(2000), (T-959-00)

Softrak Systems, Inc. ats. Accpac International, Inc.

Defended a copyright infringement action on behalf of Softrak Systems in which it was alleged that the look and feel of Softrak’s software infringed the plaintiff’s copyright. Won a solicitor and client costs award for Softrak after the plaintiff’s motion for an interlocutory injunction was withdrawn. The action was then settled.
Counsel: Robert MacFarlane
(Reported decisions: 2000 CanLII 15909 (FC) )
(1999), (T-1381-99)

Interface Flooring Systems (Canada) Inc. ats. Milliken & Co.

Acted for Interface Flooring System in the defence of a copyright proceeding relating to the design of floor tiles installed at the Calgary airport. The claim for copyright infringement was dismissed at trial and the trial judgment was upheld on appeal.
Counsel: Robert MacFarlane and Mike Charles
(Reported decisions: 1997 CanLII 5231 (FC), 1998 CanLII 7706 (FC), 1998 CanLII 9044 (FC), 2003 FC 1258, 2000 CanLII 14871 (FCA))
(1992), (T-3016-92;T-1212-95;A-120-98)
 

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