Trademark

Lapwah LIN v. Luminis Canada Inc.

Successfully represented Luminis Canada Inc. in opposition proceedings against the LUMINIX trademark application. We were successful in getting the application treated as abandoned arguing that the Applicant failed to comply with the Trade-marks Regulations, including non-compliance with deadlines and improper evidence.
Counsel: François Larose

(Reported decision: 2017 )

Trader Corporation v CarGurus, Inc

Successfully represented CarGurus in copyright infringement proceeding. CarGurus defended against Trader’s statutory damages claim of $98 million for infringement of copyright in 196,740 photos on CarGurus’ Canadian website. Trader claimed “statutory” damages of $500 per photograph, as well as $1 million for punitive damages, a permanent injunction and legal fees. The Court released its decision in April, lowering statutory damages to $2 per photo for 152,532 photos, or $305,064 in total. The Court denied Trader’s request for punitive damages and the injunction. CarGurus and Trader subsequently agreed that legal fees would not be payable. This is the first reported case in Canada dealing with the “information location tool” defence (the search engine defence) and the “making available” right under the Copyright Act.
Counsel: Jonathan Colombo and Amrita V. Singh
(Reported decision: 2017 ONSC 1841)

(Reported decision: 2017 )

Canadian Real Estate Association et al v Peter Maccabe et al

Successfully represented The Canadian Real Estate Association (CREA) in trademark and tradename infringement proceeding. CREA obtained Judgment that the defendants had infringed its rights in the REALTOR® and CREA® trademarks and The Canadian Real Estate Association trade name, and was granted a permanent injunction and an Order that the defendants destroy and deliver up all print and electronic materials that would offend the injunction.
Counsel: Jonathan Colombo and Amrita V. Singh
(Unreported decision)

(Reported decision: 2017 )
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