SMART & BIGGAR/FETHERSTONHAUGH is Canada's largest and highest-ranked firm practising exclusively in intellectual property and technology law. Our experience is unmatched and our goal is unwavering: to provide our clients with UNPARALLELED IP®.
  • profile Smart & Biggar wins Canadian Trademark Contentious Firm of the Year and Milestone Case of the Year at MIP’s 2017 North America Awards

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FIRM NEWS
LEGAL DEVELOPMENTS
Grey Marketing – Still Not Black and White in Canada

by: Tomek Nishijima
Grey marketing, sometimes referred to as “parallel importation”, is the diversion of goods, originally intended for sale only in certain countries, to other countries where they were not intended to be sold. The goods are not counterfeit since they were legitimately marketed and acquired throug

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Tribunal dismisses Eli Lilly’s NAFTA challenge on promise utility doctrine

by:Shirley Liang Komosa
As previously reported, Eli Lilly submitted claims to international arbitration under the North American Free Trade Agreement (NAFTA) seeking damages from the Government of Canada, asserting that the Canadian courts' application of the promise doctrine to Eli Lilly's STRATTERA (atomoxetine

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Federal Court of Appeal upholds interlocutory injunction directed at retailers of set-top boxes loaded with copyright-infringing applications

by: Jean-Sébastien Dupont
On June 1, 2016 the Federal Court issued an interlocutory injunction directed at retailers of set-top boxes that are configured, or “pre-loaded”, with various applications that provide their users with unauthorized access to copyrighted television content.

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The Competition Bureau applies strict standards to retail price claims in Canada

By: Daniel Hnatchuk
The Competition Bureau has recently taken enforcement action against a number of Canadian retailers under the deceptive marketing practices and ordinary price claims provisions of the Competition Act for what it considers to be misleading regular price claims and deceptive clearance promotions

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Nintendo Awarded $12.7 million for Circumvention of Technological Protection Measures in Precedent-Setting Case

by Kevin Siu
In a precedent-setting decision issued yesterday, Nintendo of America Inc v King et al, 2017 FC 246, the Federal Court awarded $12,760,000 in damages for circumvention of technological protection measures (TPMs) and copyright infringement under the Copyright Act.

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RANKINGS & RECOGNITION
Eleven Smart & Biggar professionals recognized in Who’s Who Legal: Patents 2017

Smart & Biggar announced today that eleven professionals were recognized as leading patent professionals in Who’s Who Legal: Patents 2017.

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Smart & Biggar again tops Managing Intellectual Property’s 2017 Canadian patent rankings

Smart & Biggar has once again earned the top ranking as a Tier One firm in the areas of patent contentious and patent prosecution in Managing Intellectual Property's 2017 IP Stars Handbook: Patents. This is the fourth consecutive year that Smart & Biggar has received the highest ranking.

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World IP Review recognizes 10 Smart & Biggar partners as 2017 WIPR Leaders

Smart & Biggar announced today that ten of the firm’s partners have been recognized in the 2017 World IP Review Leaders, a comprehensive guide to the top intellectual property lawyers in the areas of patents and trademarks across the globe.

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Smart & Biggar shortlisted for eight North America awards by Managing Intellectual Property

Smart & Biggar announced today that the firm has been shortlisted for eight awards at Managing Intellectual Property’s 2017 North America Awards, to be held in Washington, DC on March 23, 2017.

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Smart & Biggar tops the rankings once again as an IP Stars leader in Canadian trademark law

Smart & Biggar has once again been recognized as one of the top trademark firms in Canada achieving “Tier 1” status in both Trade mark Contentious, and Trade mark Prosecution, for the fourth consecutive year in the 2017 edition of Managing Intellectual Property’s 2017 IP Stars Handbook: Trademarks.

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