Successfully represented Nintendo in an application for trademark infringement, copyright infringement and circumvention of technological protection measures (TPMs). This case was the first time that any court had considered and applied the anti-circumvention provisions of the Copyright Act. Apart from broadly interpreting the prohibitions against circumvention, the Federal Court awarded Nintendo a precedent setting $11,700,000 in damages for copyright infringement and circumvention of TPMs, as well as $1,000,000 in punitive damages.
Client Success
-
Fluid Energy Group v Exaltexx Inc.
2020 FC 81Successfully represented the defendant Exaltexx in obtaining an interlocutory injunction restraining the plaintiff from making certain statements or threats to suppliers of Exaltexx during the pendenc...Read More -
Nova Chemicals Corporation v The Dow Chemical Company et al
2020 FCA 141Successfully represented Dow Chemical before the Federal Court of Appeal, affirming the largest reported Canadian patent infringement award in history.Read More -
Loblaws Inc v Pampered Chef et al
2021 FCA 29Successfully represented Pampered Chef et al before the FCA in having affirmed the trial decision dismissing allegations of trademark infringement brought by Canada’s largest retailer.Read More