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The preliminary court order prohibits Typo from the sale of its keyboard products in the US, pending outcome of the case at trial.
Typo Products has indicated it will appeal. A preliminary injunction is not determinative but certainly provides an early advantage to BlackBerry as the patent holder. Courts in Canada will assess a number of factors when judging two marks:.
It is important to note that these factors are not an exhaustive list, and courts are not obliged to give each factor equal weight. The Trade-marks Opposition Board in this case assessed these factors and also weighed the state of the Register and the state of the relevant marketplace.
One letter was enough of a difference in this case. Copyright in Canada is a function of the Copyright Act — without that law, there would be no copyright.
How does Canadian copyright law interact with the copyright law in other countries? According to the allegations by AOM, Mr.
Crouch copied elements of the software and a business method when he worked for an Australian licensee of the UK software.
Crouch started a company in Canada and then allegedly used that as a vehicle to market a replica version of the UK software and the corresponding method in Canada.
With this Canadian copied version of the UK softwareMr. Crouch allegedly lured customers away from AOM. AOM filed a lawsuit alleging breach of copyright, misappropriation of trade secrets, interference with contractual relations, unjust enrichment and misappropriation of goodwill.
The question for the court was whether AOM could maintain a copyright infringement lawsuit in Canada. AOM added these owners to the lawsuit, but did not make the specifics clear in their claim. As the court put it: It can of course attach to the manuals or other material in which the method is described.
Similarly with computer software, copyright can attach to source code, to a graphic user interface, to manuals and to other material as defined in the Act. Copyright cannot attach simply to what a computer program does. The plaintiff must specify what it is that is covered by copyright and what it alleges has been done that gives rise to the statutory remedies. March 31st, Category: Is One Letter Enough of a Difference?
March 26th, Category: Business IssuesGeneralTrade-marks. How did the board decide this case? Courts in Canada will assess a number of factors when judging two marks: International Breach of Copyright March 14th, Category: Software vendors from outside Canada should know that, by virtue of international copyright conventions and treaties, international copyright can be enforced under Canadian copyright law; The Canadian Copyright Act permits someone other than the copyright owner to sue for infringement of copyright — as long as that person has appropriate rights such as a local distributor, as in this case.
Here, AOM appeared to have rights to maintain the copyright infringement lawsuit, but did not specify its rights with enough clarity in the claim. Ensure that the chain-of-title is clear in the claim itself; Regarding the additional claims — in particular, the trade-secret misappropriation — the court had this guidance: To do so would destroy the secret itself. A trade secret is valuable precisely because it is secret. It may be that information will have to be provided at the production and discovery stage but at that point the proprietor of the secret may seek confidentiality orders and to the extent that those details must be put into evidence may seek a sealing order.
Business IssuesCopyrightGeneralTrade-marks. On appeal, the Supreme Court of Canada ruled that the Copyright Act could not be used to block the parallel imports. Stay-tuned to see where this case leads in the US appeal.