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A battle between two quintessential Canadian brands has finally found its way into court. On February 9, 2021, the Canadian musical group The Tragically Hip filed a Statement of Claim in the Federal Court of Canada against Trillium Beverage Inc. doing business as Mill Street Brewery. At issue is Mill Street Brewery’s use of “100
th Meridian” as the name of a beer and allegedly associating the beer with The Tragically Hip without the band’s permission.
While the matter is still at the pleadings stage, the move highlights the importance of rights holders not sitting on rights and paying close attention to the limitation periods applicable to intellectual property claims.
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Across the globe, courts have rapidly adapted their practices
and procedures in response to the COVID-19 pandemic. While they
began resuming activities and easing restrictions over the summer
and early fall, many courts are now reintroducing restrictions as
various regions experience a second wave of infections. In most
jurisdictions, hearings that were adjourned have now been resumed;
limitation periods that were previously suspended have restarted;
and procedures and timelines for filings have continued on an
amended basis. However, the courts have modified their normal
Effective July 27, 2020, and retroactive to March 13, 2020, the
Time Limits and Other Periods Act (COVID-19) suspended
time limits set out in federal legislation, including the
Federal Courts Act and numerous other acts pursuant to
which proceedings can be instituted in the Federal Courts, until
September 13, 2020
Time limits established by the
Federal Courts Rules or
by court order are unaffected
Court of Appeal
September 1: The Court s fall session has begun, and
hearings will be held in person, remotely, or as hybrid hearings
(with some counsel appearing in person and others remotely)
June 22: The Court has released its first weekly Selected Files
List
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