In Pembina County Water v. Government of Manitoba, 2011 FC 1118 (CanLII), Lafrenière, J. of the Federal Court of Canada considered separate motions brought by two groups of third parties, each seeking an order striking the Third Party Claim filed by the Defendants, the Rural Municipalities of Rhineland and Stanley (Municipal Defendants). The grounds were that the Federal Court lacked either personal jurisdiction or subject-matter jurisdiction in respect of the Third Party claims. Alternatively, the Third Parties requested that the Third Party Claim be stayed on the grounds that North Dakota was the most convenient forum or that they enjoyed state immunity. (more…)
Posts Tagged ‘Federal Court of Canada’
California adult website’s copyright infringement claim against Google may proceed in Canada, Federal Court rulesApril 7, 2011
The recent Federal Court of Canada decision in Perfect 10, Inc. v. Google, Inc., 2011 FC 348 (CanLII) considers the issue of jurisdiction over a copyright infringement action against Google Inc. (Google US) and Google Canada Corp. (Google CA), (collectively, “Google”). Google appealed the Prothonotary’s order dismissing its motion for an order striking out the Statement of Claim, dismissing the action or otherwise for an order staying the action. The Plaintiff, Perfect 10, Inc. (Perfect 10), is a California corporation conducting business out of California consisting mainly of selling, on its website, “adult” images of mostly naked women. It does not have an office or any employees in Canada and had only 13 Canadian customers out of 600 worldwide at the time of this initial litigation.
The issue on appeal was whether a stay ought be granted due to parallel proceedings commenced by the Plaintiff in 2004, alleging copyright and trade-mark infringement, trade-mark dilution, unfair competition, violation of publicity rights, unjust enrichment and misappropriation, against the Google group of companies (including Google US and Google CA) in an action in the United States District Court for the Central District of California. (more…)