Recently we wrote about TFI Foods Ltd. v. Every Green International Inc. which saw the Federal Court grant an interlocutory injunction in a trademark infringement and passing off case. However, as we noted the plaintiff’s motion was uncontested so it’s difficult to say the decision, in that case, makes it much easier to win these motions. For more click here.
Trademark infringement and interlocutory injunctions
Insights
Federal court confirms copyright can subsist in a curated list of third-party links
Can a list of hyperlinks to someone else’s content enjoy copyright protection? According to the Federal Court, it can. In Rayman v. Red Crayon Inc., 2026 FC 951, the Court held that copyright may subsist in the original selection and listing of hyperlinks to third-party materials and that significant damages can be awarded for unauthorized…
ASIALICIOUS: Who Comes to Mind?
Foodies in the Greater Toronto Area (GTA) may be aware of the Asialicious Carnival, an annual community celebration of Asian culture and cuisine that started in 2019 and is currently getting ready for its eighth year. What many may not have been aware of is that, for five of those years, the carnival’s iconic name,…
Intellectual property protection for AI prompts
As businesses increasingly use artificial intelligence (“AI”) in their internal operations and product offerings, they are relying more on carefully engineered instructions or “prompts” to improve the AI’s performance and output. These prompts can constitute valuable intellectual property (“IP”) and are protectable as trade secrets or works of copyright. Businesses should treat them as such.…
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