Cassels On IP: June 2026

In this edition: The CRTC announces new expenditure requirements on online streaming services, a look at updates on copyright and artificial intelligence in the UK, Cassels lawyers recognized among the best in Canada by Lexpert and Benchmark Litigation, and more…

Hot Off the Press

A “Stream” of New Policies: CRTC Releases Decisions on Expenditure Requirements and Discoverability Obligations on Online Streaming Services >

On May 21, 2026, the CRTC released two new policy decisions as part of its recent focus on modernizing Canada’s broadcasting regulatory system: one that imposes new and updated Canadian programming expenditure requirements applicable to broadcasters, and one that addresses the discoverability of Canadian and Indigenous programming. In this article, members of Cassels’ IP and entertainment law teams summarize the key aspects of both policies and what they mean for broadcasters who operate in Canada, including foreign online streaming services.

Employer or Employee: Who Owns the Copyright? >

This collaborative article between the Cassels IP and Employment groups discusses a recent Ontario Court of Appeal decision that clarifies how the courts assess whether an employee made a work “in the course of employment” for copyright ownership purposes. The decision highlights how employers should carefully consider the scope of their employees’ duties and the resources and equipment used by employees when developing new works, as well as the importance of written agreements that squarely address copyright ownership for new works.

UK Update on Copyright in the Age of Generative Artificial Intelligence >

The Communications and Digital Committee of the United Kingdom House of Lords recently released its fourth report, AI, Copyright and the Creative Industries, as part of its ongoing inquiry into the interaction between generative artificial intelligence (AI) and copyright law. In this article, members of the Cassels copyright team share the key recommendations in the report, many of which respond to issues that are also currently under consideration by the Government of Canada

Cassels Wins

Cassels Litigators Recognized Among the Best in the Country by Benchmark Litigation Canada 2026 >

Cassels is proud to announce that 19 of our lawyers have been recognized by Benchmark Litigation Canada in its latest ranking of leading Canadian litigators. The Cassels IP team is especially proud to note that Karen MacDonald and Andrew Skodyn have been featured as Litigation Stars and Sean Jackson has been recognized as a Future Star.

Ten Cassels Lawyers Selected as Franchise Times Legal Eagles for 2026 >

Cassels is proud to note that ten of its lawyers have been recognized as 2026 Legal Eagles by Franchise Times Magazine, making up nearly a third of all Legal Eagles in the 2026 edition. Legal Eagles are comprised of the top franchise lawyers in North America, as selected from nominations by their clients, peers, and Franchise Times editors. The Cassels IP team works closely with the Cassels Franchise team on matters involving the intersection of IP and franchise law, with Cassels IP partner Eric Mayzel being one of the Legal Eagles recognized this year.

Cassels Lawyers Ranked Among Canada’s Best by Lexpert’s 2026 Directory >

Cassels is pleased to announce that 100 Cassels lawyers were recognized as leaders in their field in the 2026 edition of the Canadian Legal Lexpert Directory, the firm’s strongest showing yet. The Cassels IP team members recognized this year are:

• Casey Chisick – Entertainment | Intellectual Property | Litigation: Intellectual Property
• Mark Davis – Intellectual Property | Litigation: Intellectual Property
• Karen MacDonald – Advertising & Marketing | Intellectual Property
• Jennifer McKenzie – Advertising & Marketing | Intellectual Property
• Andrew Skodyn – Intellectual Property | Litigation: Intellectual Property | Life Sciences & Health

We are also proud to have received practice-wide rankings in the areas of Entertainment, Intellectual Property, and Litigation: Intellectual Property.

Our Team

The Cassels IP Team Grows, Welcoming Mark D. Penner >

Cassels is pleased to announce that Mark D. Penner has joined the Cassels IP team as a partner. Mark’s practice focuses on all aspects of the acquisition, protection, enforcement and strategic use of a wide range of intellectual property assets in Canada and around the world. Mark offers specific expertise in areas of patents & industrial designs, trademark protection, and commercial intellectual property & commercialization of IP. Mark is also a Registered Trademark Agent in Canada and a Registered Patent Agent in Canada and the United States. Mark’s expertise further cements the Cassels IP group as one of the largest and most robust intellectual property law groups in Canada, offering services across all areas of IP protection and enforcement

Recent Work

Cassels Secures IP & Anti-Counterfeiting Litigation Victory

In Chanel Limited v. Nichole G Collection Inc., 2026 FC 504, Karen MacDonald successfully represented the plaintiffs, including Chanel and Louis Vuitton, in obtaining default judgment from the Federal Court of over $1 million in compensatory damages, plus punitive and exemplary damages and costs, against a recidivist seller of counterfeit Chanel and Louis Vuitton merchandise. In reaching its judgment, the Court considered the considerable body of jurisprudence awarding compensatory damages to both a foreign trademark owner and a Canadian distributor or licensee. While the Court acknowledged recent aberrant decisions that had refused to award damages to both such plaintiffs, it ultimately found that there was no reason to depart from the large body of case law supporting damages to each of the foreign and local plaintiffs in this case.

In Case You Missed It

Canadian Intellectual Property Law: Year in Review 2025

The Cassels IP team started the year by looking back on 2025 and the notable developments in intellectual property law, including trademarks, copyright, patents and trade secrets in the following Year in Reviews:

• Canadian Trademark Law Year in Review 2025: Notable Decisions and Updates
• A Year in Canadian Copyright Law: Notable Decisions and Updates From 2025
• Canadian Patent Law in Review 2025: Notable Decisions and Updates
• Canadian Trade Secrets: Year in Review 2025

Second Time’s The Charm: Hellboy Obtains Norwich Order in Copyright Infringement Proceeding >

This article discusses a recent Federal Court decision granting a Norwich order, requiring a non-party Internet service provider to identify the owners of IP addresses used to share a plaintiff’s film online. The decision is a helpful reminder of the evidentiary requirements on a motion for a Norwich order, which have become more common in Canada in recent years.

TikTok Reaches Deal with Federal Government to Continue Operating in Canada >

Less than two months after the Federal Court set aside the Canadian government’s order requiring TikTok Technology Canada Inc. to shut down, the parties have reached a settlement that will allow TikTok Canada to maintain its operations in Canada. The deal, which was officially announced by the federal Minister of Innovation, Science and Economic Development on March 9, 2026, includes commitments by TikTok Canada to increase the privacy and protection of Canadian user data, enhance protections for minors, and invest in Canada’s cultural sector.

Navigating Patentable Subject Matter Eligibility in Canada: Dusome Joins the Fold” >

A recent decision from the Federal Court weighed in on Canada’s ongoing struggle to define patentable subject matter under section 2 of the Patent Act. In this article, members of the Cassels patent team discuss key takeaways from the decision, including how it reinforces that purposive construction remains the governing framework for assessing patentable subject matter and how it underscores the ongoing tension between the Patent Office and the Federal Courts when it comes to the test to be applied to computer-implemented inventions.

This article was also featured in the May 2026 edition of IP Litigator, a leading international legal journal on the latest thinking and strategies for successful intellectual property litigation and enforcement.

Intellectual Property Ontario (IPON) Launches New Subsidized IP Insurance Program >

IP insurance is now being offered to Ontario businesses by Intellectual Property Ontario, a provincial agency that supports Ontario-based innovators with the goal of strengthening Ontario’s research and commercialization outcomes. This new IP insurance program will assist Ontario businesses with providing comfort to their prospective investors and downstream technology licensees, joint venture partners, and endline users.

A Few More Things

On the Horizon

• Stephen Selznick will be travelling to Washington, DC from June 3-4, 2026, where he will be presenting to the Commissioner, Deputy Commissioner, and Trademark Examiners of the United States Patent and Trademark Office on name, image, voice, likeness and trademarks for athletes and celebrities.
• Mark Davis will be presenting at the LexisNexis webinar titled “Whose Invention Is It Anyway? The Impact of Generative AI on Patent Practice” on June 8, 2026.
• Jessica Zagar and Andrew Skodyn will both be presenting as part of the Intellectual Property Institute of Canada (IPIC)’s AI & IP law webinar series in June 2026. Jessica is presenting at the “Copyright & AI: Navigating the Creative Frontier” webinar on June 11, while Andrew will be moderating the “IP Litigation in the AI Era” webinar on June 16. Andrew will also be moderating the “Monitoring and Measuring the Success of an IP Strategy” webinar as part of IPIC’s IP Strategy webinar series in November 2026.
• Casey Chisick and Katherine (Katie) Graham will be attending the Copyright Society’s 50th Annual Meeting in Louisville, Kentucky, from June 14–16, 2026.
• Chandimal Nicholas, Kassandra Shortt, Dakota Bundy, and Raysa Marcondes will be attending the BIO International Convention in San Diego, California, from June 22-25, 2026.
• Kassandra Shortt will be moderating the webinar “Trends in Contempt Proceedings and Intellectual Property Litigation” on July 9, 2026, hosted by the Intellectual Property Institute of Canada.
• Andrew Skodyn will be attending the Intellectual Property Institute of Canada’s 2026 Centennial Conference in Ottawa from September 17-18, 2026, where he will also present as part of a panel discussion on a recent Supreme Court of Canada decision relating to the patentability of methods of medical treatment. Cassels is pleased to be a Gold Sponsor of this conference.
• The Cassels intellectual property group is looking forward to hosting clients and colleagues during the Intellectual Property Owners Association’s Annual Meeting, taking place in Toronto from September 27-29, 2026.

Where We’ve Been

• Andrew Skodyn, Mark Davis, Karen MacDonald, Sean Jackson, Kassandra Shortt, Eleanor Wilson and Katherine (Katie) Graham attended the CBA Intellectual Property Day in Ottawa on May 28, 2026. Kassandra Shortt also moderated the Federal Courts Town Hall and Andrew Skodyn moderated a panel on professionalism and ethics in IP litigation practice.
• Casey Chisick, Karen MacDonald, Steven Kennedy, Stephen Selznick, Jennifer McKenzie, Mark Davis, and Chandimal Nicholas attended the International Trademark Association’s Annual Meeting in London, England in May 2026, where they connected with clients and trademark practitioner colleagues from around the world.
• In May 2026, Stephen Selznick provided analysis and commentary for CBC News on inflationary pricing and market practices in the secondary markets for tickets to sporting and entertainment events and the impact of the recent price cap amendments to Ontario’s Ticket Sales Act, 2017. Stephen also recently provided analysis and commentary to numerous media outlets, including CBC News, The Early Edition on AM1150 in Kelowna, BC, 880 CHED in Edmonton and QR 770 in Calgary, in connection with the US Department of Justice and State Attorneys General’s anti-trust trial and resulting federal and state settlements on go-forward consumer ticket pricing, venue accessibility and artist-venue terms of engagement.
• Mark Davis and Andrew Skodyn attended the ABA IPL Spring Meeting, which took place from April 15 to April 17, 2026, in Washington, DC. Mark is also the Vice-Chair of the International Copyright Laws committee.
• Claire Stempien attended the ABA’s Business Law Spring Meeting, which took place from April 16 to April 18, 2026, in Atlanta, Georgia.
• Steven Kennedy and Eleanor Wilson attended the DRI’s Business and Intellectual Property Litigation Super Conference, taking place from April 15 to 17, 2026 in Miami, Florida.
• On April 7, 2026, Cassels lawyers presented The Legal Landscape for Charities and Non-Profits: Five Executive Briefings on Common Legal Blind Spots. Chandimal Nicholas spoke on safeguarding brands, content, and assets and Hashim Ghazi spoke on managing donor, employee, volunteer, participant and client information responsibly.
• Stephen Selznick recently participated as a Faculty Member in Osgoode Hall Law School’s Continuing Education Certification program in Entertainment Law. Stephen presented on March 5, 2026, on the topic of net profits and streaming revenue models in the analog and digital media space.
• Stephen Selznick was recently appointed to the Basketball Committee of the Sports Lawyers Association for 2026. Stephen is one of only two Canadian lawyers who will serve on the committee this year.