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Litigation Cases

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)

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)

Arnold Palmer Enterprises, Inc. v. 9015-6803 Quebec Inc. (One World Golf) et al.
Successfully represented Arnold Palmer Enterprises in enforcement proceedings relating to ARNOLD PALMER trademarks and copyright. Arnold Palmer Enterprises obtained judgment on consent granting a permanent injunction and $73,000 in damages.
Counsel: François Larose

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