OBA Civil Litigation and Information Technology & Intellectual Property Law PROGRAM | Original Program Date: October 23, 2018

In February 2017, the Federal Court of Canada issued interlocutory relief to the Plaintiff in Sleep Country Canada Inc. v. Sears Canada Inc., a trademark case. Historically it has been difficult to obtain injunctions of this kind in intellectual property cases. Does the decision in Sleep Country signal a paradigm shift by the Federal Court? Join us as our experienced faculty, including the litigators involved in this case, discuss the significance of this decision, including:

• Pre-Sleep Country: challenges in obtaining interlocutory injunctions in IP cases
• How is irreparable harm treated differently at the Ontario Superior Court level?
• Has the Federal Court’s perspective evolved, or is this case an anomaly?
• Lessons learned from Sleep Country on how to put together a successful record for a preliminary injunction in an IP case at the Federal Court level

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PROGRAM CHAIRS

Geoff Mowatt, DLA Piper (Canada) LLP
Kaitlin Soye, McCarthy Tétrault LLP

PROGRAM SPEAKERS

Daniel Daniele, Norton Rose Fulbright LLP
Allyson Whyte Nowak, Norton Rose Fulbright LLP
Andrew Winton, Lax O'Sullivan Lisus Gottlieb LLP
Grant Worden, Torys LLP