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Vincent M. de Grandpré

Intellectual Property Litigation and Strategy Lawyer at Bennett Jones Toronto

Partner

In two companion appeals relating to patents over television interactive programming guides, the Federal Court of Appeal clarified that a successful patent plaintiff is entitled to an accounting of the defendant’s profits linked to the infringement, unless the defendant shows why the court should not award this remedy. The Court of Appeal also reiterated that a permanent injunction is the expected remedy flowing from the infringement of a Canadian patent, even where the patented invention forms only a small part of the relevant commercial product, and even when the patentee is in the business of licensing, rather than practicing, its invention in Canada.

Canadian Patentees are Presumptively Entitled to  the Remedies of an Accounting of Profits

Canadian Patentees are Presumptively Entitled to  the Remedies of an Accounting of Profits and a Permanent Injunction

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

On May 24, 2024, after nearly 25 years of negotiations, the World Intellectual Property Office announced that member states, including Canada, had agreed to a new <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.wipo.int/pressroom/en/articles/2024/article_0007.html" target="_blank">Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge</a>. This Treaty is a long-awaited first step in addressing the relationship between intellectual property over genetic resources and related Indigenous traditional knowledge.

A New International Treaty on Intellectual Property and Indigenous Knowledge

A New International Treaty on Intellectual Property and Indigenous Knowledge and its Potential Impact on Canadian Agricultural Innovation

Shelby Morrison

Commercial Litigation Lawyer at Bennett Jones Toronto

Associate

Ana Nizharadze

In intellectual property cases, parties often agree to split their proceeding between liability and subsequent quantification phases if they believe that a "bifurcation" would simplify the litigation. Bifurcation is justified when it is likely to reduce the complexity of the action and streamline an eventual damages assessment. The courts have held that bifurcation is not justified, however, when its sole rationale is the alleged lack of merit of claims or defences.

Did You Plead That Federal Court Clarifies Bifurcation Motion Complexity in Amazon Case

Did you plead that? On a Bifurcation Motion, Federal Court in Amazon.com Clarifies that Alleged Complexity must Translate from the Pleadings

In Promotion In Motion Inc. v Hershey Chocolate & Confectionery LLC, <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/525397/index.do" target="_blank">2024 FC 556</a>, the applicant PIM Brands appealed the Trademarks Opposition Board's refusal to register trademark applications for SWISSKISS and SWISSKISS & Design covering "Chocolate of Swiss origin". Hershey Chocolate & Confectionary LLC had successfully opposed registration of PIM's applications based on its own prior registrations for KISSES and KISS, covering "solid chocolate candy with or without ingredients such as nuts" and "chocolate candy".

Kissing Registration Goodbye Deficient Online Survey Evidence Cannot Save Application for SWISSKISS

Kissing Registration Goodbye: Deficient Online Survey Evidence Cannot Save Application for SWISSKISS Trademarks

Denise D. Bright

Public and Private Company Financial Transactions and Securities Lawyer at Bennett Jones Calgary

Partner 

Keely Cameron

Litigation Lawyer at Bennett Jones Calgary

Chyna Brown

Commercial Litigation Lawyer at Bennett Jones Calgary 

In Royal Bank of Canada v Patterson Dental Canada Inc, the Alberta Court of Appeal clarified how PPSA priority rules apply where assets used in a corporate business are personally owned by a director. The Court confirmed that ownership and registration against the correct debtor are decisive in priority disputes, and provided guidance on the treatment of leases and the proper distribution of holdbacks in insolvency sales.

Alberta Court of Appeal Clarifies PPSA Priorities in Insolvency Sales

Katherine Booth

Litigation Lawyer at Bennett Jones Vancouver

Nina Butz

Litigation Lawyer at Bennett Jones Toronto

In RateMDs Inc. v. Bleuler, 2025 BCCA 329, the BC Court of Appeal overturned certification of a proposed privacy class action, finding that the plaintiff's novel claims that use of health professionals' names violated their privacy and amounted to commercial exploitation under provincial privacy statutes were bound to fail.

BC Court of Appeal dismisses proposed privacy class action

BC Court of Appeal Dismisses Proposed Privacy Class Action; Finds Use of Professionals' Names Was Not Commercial Exploitation 

Andrew Bozzato

Corporate, M&A, Securities Lawyer at Bennett Jones Toronto

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

Oscar Crawford-Ritchie

Corporate Commercial Lawyer at Bennett Jones Toronto

The Canadian government recently formalized its commitment to the quantum computing sector with the launch of Phase 1 of the Canadian Quantum Champions Program (CQCP), under which it has committed up to C$92 million (C$23 million each), to four Canadian-headquartered quantum computing companies to accelerate the development of industrial-scale quantum computers capable of solving real-world problems across industries in a variety of commercial and defence applications.

Quantum Computing Investments Aligning with Canadas Defence Priorities

Quantum Computing Investments Aligning with Canada's Defence Priorities

William S. Osler KC

Capital Markets, Securities, M&A and Corporate Governance Lawyer at Bennett Jones Calgary

Olu Akinniyi

Articling Student

Recent amendments to Alberta&rsquo;s Securities Act strengthen the Alberta Securities Commission&rsquo;s ability to address financial misinformation and protect investors. Enacted through the Financial Statutes Amendment Act, 2025 (No. 2), the changes expand the definition of forward-looking information and grant the ASC new authority to temporarily halt trading where misleading or inaccurate information is being disseminated. While aimed at curbing harmful online promotion, including by &ldquo;finfluencers,&rdquo; the amendments also have important implications for reporting issuers and their disclosure practices.

Alberta Expands ASC Powers to Address Financial Misinformation

Laura James

Corporate Lawyer at Bennett Jones Vancouver

Rebecca Burnand

Corporate Lawyer at Bennett Jones Calgary

Madison Sutherland

Newly released market data out of the US shows the demand for beauty products remained strong in 2025 despite pressure on overall consumer spending. Beauty M&amp;A deal volume in the US decreased slightly this year due to tariff and trade concerns, but analysts are optimistic for a busier 2026 on the dealmaking front.

Whats Shaping MA in the Beauty Industry

Glow and Grow: What's Shaping M&A in the Beauty Industry

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