- Respondent Held Personally Liable for Website's Trademark and Copyright Infringement
- January 12, 2017 | Authors: Jillian Brenner; Adrian J. Howard; Beverley Moore; Chantal Saunders
- Law Firm: Borden Ladner Gervais LLP - Ottawa Office
- Thoi Bao Inc. v. 1913075 Ontario Limited (Vo Media), 2016 FC 1339
The Court allowed Thoi Bao's application and awarded an injunction and damages against the Respondent, Mr. Vo. The claims against the other Respondents, including the corporate Respondent, were resolved prior to the hearing.
Thoi Bao is a Vietnamese language news company offering news services across Canada through a number of platforms including newspapers, television shows, radio, and online. Thoi Bao claimed that it rights under the Copyright Act and the Trade-marks Act were infringed by Mr. Vo, who operated an infringing website. The domain name of the infringing website, www.thoibaotv.com, was registered by Mr. Vo or Ms. Tran (another Respondent), or both, without the consent or knowledge of Thoi Bao.
The Court held that Mr. Vo, a previous employee of Thoi Bao, was personally responsible for the infringing activity, namely the operation of the website www.thoibaotv.com. The Court concluded that the activity infringed Thoi Bao's rights, contrary to section 7(b), 20 and 22 of the Trade-marks Act and section 27 of the Copyright Act. The Court awarded an injunction and $25,000 in damages for the trade-mark and copyright infringement, but declined to award punitive damages.