Articles 2023

There was only one substantive civil decision released by the Court of Appeal for Ontario for the week of February 13, 2023, Boliden Mineral AB v. FQM Kevitsa Sweden Holdings AB.

The metaverse is an elusive concept, but can be broadly described as a rapidly growing extension of the tendrils of the internet, redefining what constitutes social media. As an ever growing and immersive network of technologies, the metaverse attempts to close the gap between society and the media which serves as its vehicle. As it exists now, the metaverse is a multi-platform virtual ecosystem with an integrated economy that evolves and grows in real time.

In Puma SE v. Caterpillar Inc., 2023 FCA 4, the Federal Court of Appeal (“FCA”) declined to set aside the Federal Court’s decision to refuse Puma SE’s (“Puma”) application to register its trademark “procat”. The FCA held that Puma failed to demonstrate any palpable or overriding error in the Federal Court’s analysis that “procat” would be confusing with Caterpillar Inc.’s (“Caterpillar”) CAT & Triangle Design Mark (the “Design Mark”) for use in association with athletic footwear and headgear.

On January 13, 2023, a final judgment was issued by the U.S. District Court for the Southern District of New York in adidas America, Inc., et. al., v. Thom Browne, Inc., 1:21-cv-05615. The defendant, Thom Browne Inc. (Thom Browne), was found not liable for trademark infringement and trademark dilution as brought by the plaintiffs, adidas America Inc. and adidas AG (Adidas). Adidas has since filed a notice of appeal.

For a variety of reasons, litigants in Federal Court may choose to proceed with their action without legal representation. While it may be more common in provincial courts, self-representative litigants are involved in proceedings in Federal Courts, including intellectual property matters. Self-represented litigants and non-lawyer representatives may pose a challenge for lawyers and their clients, as well as the judicial system in general.

As of January 30, 2023 a lawyer's certificate of service may be used as an alternate method of proof of service where service was effected by, or caused to be effected by the lawyer.