This was a rare summary trial for copyright infringement in the Federal Court. The summary trial addressed a specific provision of the Copyright Act (s. 31) which is rarely invoked and has not received much judicial treatment. The Plaintiffs represented by Smart & Biggar were largely successful in this summary trial with the Court finding that the Defendants were not entitled to claim the benefit of that exception at all for the retransmission of TVA Sports (a French-speaking sports TV station) and prior to February 2021 for TVA (a very popular TV station in Québec) to hotels.
Client Success
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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