Marks & Clerk Law LLP, Ridout & Maybee LLP were involved in the IP lawsuit
The Federal Court heard multiple intellectual property lawsuits this week, including an action for copyright infringement filed by a culinary company based in Phoenix, Arizona. The court also heard suits involving aboriginal law, labour and employment, and taxation.
Fox Restaurant Concepts LLC, a company that operates a collection of over 50 boutique restaurants across the United States, sued 43 North Restaurant Group Inc. for copyright infringement. Marks & Clerk Law LLP was present in the federal court on behalf of Fox Restaurant, while Ridout & Maybee LLP acted as the legal counsel of 43 North Restaurant Group.
The federal court continues to hear the patent infringement claim filed in 2020 by Vancouver-based energy company Steelhead LNG. The company sued Calgary-based Seven Generations Energy Ltd., Birchcliff Energy Ltd., and Rockies LNG, alleging misappropriation of confidential information and breach of patent. Steelhead claimed more than $250 million in damages arising from the infringement of the defendants. Gilbert’s LLP acted for the plaintiff, Steelhead LNG, while Goodman’s LLP represented the defendant energy companies.
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Bayer Inc. brought an action under the Patented Medicines (Notice of Compliance) Regulations against Sandoz Canada Inc. Gowling WLG acted for Bayer, while Sprigings Intellectual Property Law represented Sandoz.
A trademark infringement claim was filed by Seylynn (North Shore) Development LP against Denna Homes Group. Seylynn is a Vancouver-based developer of multi-purpose residential and commercial buildings. The company was represented by Seastone IP LLP in the action before the federal court. Abo Taheri, President & Managing Partner of Denna Homes, proposed to intervene in the action, with Wittmann Robertson LLP as his counsel.
Guardian Law Group appeared before the federal court on behalf of representative plaintiffs, Floyd and Violet Good Eagle in a proposed class action against the Crown. Floyd and Violet are members of the Siksika Nation. Floyd is a survivor of the Crowfoot (St. Joseph’s) Indian Residential school near Cluny, Alberta, while Violet is a survivor of the Old Sun (Blackfoot) Residential School near Gleichen. The plaintiffs filed a claim for damages against the federal government for its alleged concealment of information surrounding the deaths of children that attended the residential schools. They claimed that the acts and omissions of the government were “extreme to the point of being genocidal.”
An officer of the Canadian Forces, Calvin Sandiford, appeared before the federal court as a self-represented litigant, claiming damages against the Department of National Defense (DND) and alleging that it breached its duty of care and was negligent in supervising its employees. Sandiford specifically claimed that DND’s employees failed to keep accurate records of Sandiford’s injuries and failed to exercise the degree of skill, care, and diligence reasonably expected in the handling of the plaintiff’s medical care. As a result of DND’s negligence, Sandiford alleged that he suffered and continues to suffer from physiological, psychological, and emotional trauma.
Another self-represented litigant, Sally Anne Chriss, appeared before the federal court in an action filed against the Canada Revenue Agency (CRA). Chriss challenged the CRA Fairness Commission’s decision to dismiss her request for a reduction of penalties and interests because of financial hardship.