The Federal Court of Canada recently had occasion to consider a case involving both copyright and trademark issues with a distinctly international flavour. At issue was a Punjabi-language subscription daily newspaper called AJIT DAILY, published in India, and a free weekly newspaper published in Canada called AJIT WEEKLY. The Plaintiff’s AJIT newspaper started publication in India in 1955, and the AJIT WEEKLY publication was first published in Canada in 1993. Disputes between the parties had previously been decided by Courts in the United Kingdom and the United States.
In the case of Hamdard Trust v. Navsun Holdings et al, decided on November 26, 2014, the Federal Court decided the case by way of a summary trial, a format which was consented to by all of the parties.