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
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Loblaws Inc v Columbia Insurance Company et al
PC v. PC. Pampered Chef Succeeds in Trademark Infringement Battle
T-548-18Successful trial resulting in Federal Court’s dismissal of infringement and dilution claims brought by Canada’s largest retailer against Berkshire Hathaway’s companies, Pampered Chef...Read More -
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