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Vincent M. de Grandpré

IP Lawyer | Life Sciences & Tech

Partner

Shelby Morrison

Commercial Litigation Lawyer at Bennett Jones Toronto

Associate

A recent Federal Court of Canada decision in Alexa Translations v. Amazon highlights an alternative approach to assessing trademark damages. Recognizing the challenges of proving lost sales and goodwill impairment, the Court accepted that a reasonable royalty based on a hypothetical negotiation may be an arguable remedy. This approach could provide trademark owners with a more practical and meaningful path to compensation.

Recent Federal Court Decision Highlights Alternative Path to Proving Trademark Damages

Federal Court Decision Highlights Alternative Path to Proving Trademark Damages

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

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

Andrew L. Jeanrie

Real Estate & Municipal Law Lawyer | Development & Approvals

Samantha Weng

Real Estate Lawyer at Bennett Jones Toronto

This blog examines how shifting market conditions in Toronto and the GTA are reshaping the delivery of affordable housing, including recent changes to inclusionary zoning. It highlights key public and private sector initiatives&mdash;such as Housing Now, Toronto Builds, and innovative financing models&mdash;that are advancing new supply despite economic challenges. The piece also explores how stakeholders are adapting strategies to balance policy goals with market realities.

Affordable Housing in Challenging Times

Affordable Housing in Challenging Times: Market Update and Insights from Active Projects in Toronto and the GTA

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Makda Yohannes

Stephen D. Burns

Energy & Infrastructure Technology Lawyer | IT/OT & Markets

Partner, Trademark Agent

Artificial intelligence is increasingly used to generate music and curate playlists, raising new questions about copyright protection under Canadian law. This blog examines whether AI-generated songs and playlists can qualify as copyright-protected works or compilations, and how courts may assess originality and human authorship. It also outlines practical considerations for artists, platforms and organizations using AI tools in the creative process.

Copyright in Compilations AI Generated Music and Playlists Under Canadian Law

Copyright in Compilations: AI‑Generated Music and Playlists Under Canadian Law 

Emma Danaher

Associate 

As artificial intelligence tools become more autonomous, they are creating new legal risks, including the potential for AI-generated defamation. This article explores how Canadian courts may assess liability when AI agents publish harmful or false statements, and why companies deploying these tools must implement strong governance, safeguards and oversight. It also examines how existing Canadian defamation principles may apply to emerging AI technologies.

When AI Speaks for Itself How AI is Reshaping Defamation Risk

When AI Speaks for Itself: How AI is Reshaping Defamation Risk

Jehad Haymour

Tax Litigation Lawyer at Bennett Jones Calgary

Sophie Virji

Tax Lawyer at Bennett Jones Calgary

Anna Lekach

The Tax Court of Canada allowed ExxonMobil Canada Resources Company&rsquo;s appeal in a significant transfer pricing dispute concerning the deductibility of feasibility study costs related to a proposed Alaska-to-North America natural gas pipeline project. The Court found that the costs were incurred for the purpose of earning income and rejected the Minister&rsquo;s transfer pricing adjustments and Part XIII tax assessment. The decision provides important guidance on transfer pricing analysis, the application of the OECD Guidelines and the evidentiary role of expert testimony in tax disputes.

ExxonMobil Wins in Tax Court in Transfer Pricing Dispute

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Helen Cassie

Associate at Bennett Jones Vancouver

This first installment in a three-part series examines the federal government&rsquo;s creation of Build Canada Homes (BCH) and the policy shift toward a more delivery-oriented role in housing development. It situates BCH within current market conditions and outlines how the new Crown corporation is intended to accelerate affordable housing supply through partnerships with the private and non-profit sectors.

A Three Part Series on the New Federal Approach to Housing Build Canada Homes

A Three-Part Series on the New Federal Approach to Housing: Build Canada Homes

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