When the Euro-Excellence v. Kraft Canada, 2007 SCC 37 decision on parallel importing came down back on July 26, it provoked a wide array of blogger commentary from across the internet. On July 31, I posted about the plurality decision written by Rothstein J., which criticized Bastarache J.’s concurring opinion for restricting copyright protection only [...]

On July 26th, the SCC released their decision in Euro-Excellence Inc. v. Kraft Canada Inc., 2007 SCC 37. We here at The Court first looked at this case back on May 10, where Jakki Warkentin looked at the consequences of allowing authorized exclusive distributors to use copyright as a means of controlling parallel imports. Kraft [...]

Kraft Canada Inc. v. Euro Excellence Inc. is an interesting copyright case dealing with “gray marketing”. This appeal from the Federal Court of Appeal was heard by the SCC in January of 2007 and is awaiting judgment. The respondent, Kraft Canada Inc. (KCI), brought an action against the appellant, Euro-Excellence Inc. for copyright infringement under [...]

When the Supreme Court of Canada decides a case, it can be hard to know who has won. All sides have declared victory since October’s Robertson v. Thompson Corp. 2006 SCC 43 ruling handed down by Canada’s top court. By a 5-4 split, the Court favoured freelance author Heather Robertson who sued The Globe and [...]