Andrew Dixon of Clark Wilson LLP

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Andrew received his Bachelor of Arts degree in Political Studies and Drama from Queen’s University in 2007. He received his Juris Doctor from the University of Alberta in 2013. While in law school Andrew represented and assisted individuals with navigating the criminal justice system as a volunteer with Student Legal Services; directed, co-wrote and acted in the annual Law Show; volunteered as an editor for the student newspaper Canons of Construction; and played sub-optimal rugby for the renowned Golden Barristers.

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What’s Your Evidence? The Danger of Hearsay Evidence in IP Litigation

By Andrew Dixon of Clark Wilson LLP on Posted in Canada, Case Studies, Trademarks
In Pfizer Canada Inc. v. Teva Canada Limited, 2016 FCA 161, the Federal Court of Appeal (“FCA”) recently overturned a substantial damages award in a pharmaceutical patented medicines action on the basis that the trial judge admitted improper hearsay evidence. This is an important reminder that the hearsay rule of evidence is alive and well. At … Continue Reading

Excuses, Excuses: Saving a Canadian Trade-mark Registration in the Absence of Use

By Andrew Dixon of Clark Wilson LLP on Posted in Canada, Case Studies, Foreign Protection, Trademarks
In a recent decision of the Federal Court of Appeal (“FCA”), the FCA took the rare opportunity to consider an appeal from a section 45 expungement proceeding. In One Group LLC v Gouverneur Inc, the FCA reviewed the Registrar’s decision not to expunge One Group LLC’s (“One Group”) trade-mark registration for STK (the “Mark”) on … Continue Reading

Be Careful How You Get Over the Paywall: Recent Canadian Decision Holds That Non-Subscribing Reader of Paywall Article Infringed Copyright

By Andrew Dixon of Clark Wilson LLP on Posted in Canada, Copyright, Online Content, Protection & Enforcement
A recent decision from the lowest court of the Province of Ontario has raised questions over how recent amendments to Canada’s Copyright Act regarding “technological protection measures” (“TPMs”), such as subscription “paywalls”, will be interpreted and balanced with traditional copyright analysis. In 1395804 Ontario Limited (Blacklock’s Reporter) v. Canadian Vinters Association, the central question considered … Continue Reading

Canadian Court Orders Google to Scrub Its Search Results

By Andrew Dixon of Clark Wilson LLP on Posted in Canada, Foreign Protection, Online Content, Protection & Enforcement, Trade Secret Protection, Trade Secrets
The internet’s sheer breadth often gives the impression that it transcends local legal jurisdictions. As commerce and trade become increasingly electronic ventures, courts now grapple with how to enforce orders against parties not operating within traditional physical jurisdictions. In June, the British Columbia Court of Appeal (the “Court”) in Equustek Solutions Inc. v. Google Inc., … Continue Reading

Canada: Combating Counterfeit Products Act Receives Royal Assent

By Andrew Dixon of Clark Wilson LLP on Posted in Branding, Canada, Counterfeit Goods, Famous Marks, Foreign Protection, Legislation, Protection & Enforcement, Regions
On December 9, 2014 Royal Assent was given to Bill C-8, the Combating Counterfeit Products Act. The intention of Bill C-8 is to give the government and holders of trade-marks and copyrights new mechanisms for enforcement, along with substantial remedies, in order to combat counterfeit and black-market goods. Before the introduction of Bill C-8, Canada had … Continue Reading
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