Not exact matches
Won summary judgment on all claims for American Society for Testing and Materials in a copyright
infringement action that
raised cutting - edge
issues relating to the intersection of copyright law and the digital era
... There is an organization respondent (the Regional Municipality of Halton) in the proceeding that is alleged to be liable for the same alleged conduct as them, no
issue has been
raised to the organization respondent's deemed or vicarious liability for their alleged conduct, there is no
issue as to the ability of the organization respondent to respond to or remedy any
infringements of the Code, and no real prejudice would be caused to the applicant or any other party as a result of removing them as respondents to the Application.
A trademark owner must prove three things on a motion for an interlocutory injunction: (i) that its allegations
raise a «serious
issue» of
infringement; (ii) that the harm caused by the
infringement if it continues until trial would be «irreparable»; and (iii) that the balance of convenience favours granting an interlocutory injunction e.g. awarding an injunction would not cause any undue inconvenience to the alleged infringer.
This
issue has been
raised in at least two recent motions for certification of class action law suits for copyright
infringement in the Ontario Superior Court.
While that represents a relatively small percentage of Internet users in Canada, the possibility of hundreds of thousands of lawsuits over alleged copyright
infringement would be unprecedented and
raise a host of legal and policy
issues...