In Paul Cheung et al. v. Target Event Production Ltd. (2010 FCA 255), the Federal Court of Appeal (“FCA”) allowed in part an appeal made by Paul Cheung and Lions Communications Inc. (collectively “Lions”) and dismissed a cross-appeal made by Target from a decision rendered of the Federal Court (“FC”) (2010 FC 27). The FCA upheld the FC’s finding that Lions infringed Target’s copyright in certain documents and passed off its trade-marks contrary to s. 7(b) of the Trade-marks Act, and also held that there were no grounds for rejecting the FC’s findings with respect to the joint and several liability of Cheung. The FCA rejected Lions’ argument that Target had failed to fulfill the damage requirement set out in the test for the tort of passing off, holding that use of a trade-mark causing loss of control by the owner is sufficient to establish damage. In partially allowing the appeal, the Court amended the terms of the injunction issued by the FC and the form of costs granted. Continue Reading