An Indian court recently ruled that God's name was registrable as a trademark. We spoke to experts across four key jurisdictions about the different risks brands should be aware of before registering a religious name as a mark.
The Canadian, Mexican and US governments have signed an amended version of the USMCA, meaning that ratification is a significant step closer – with the deal highlighting what IP concessions the Trump Administration will expect in future trade deals.
While the decision of Canada’s Federal Court of Appeal in Energizer Brands v The Gillette Company avoided squarely addressing the limits of claims for depreciation of goodwillunder Section 22 of the Trademarks Act, the case may ultimately result in greater clarity. Read more
As Canadian trademark applicants may discover to their dismay, it is not just regular trademarks that can be cited against their applications – they may also be blocked by a range of prohibited marks, including the unique sub-category of official marks. Read more
In our latest news round-up, we look at how Alibaba is seeking increased brand engagement, Anheuser-Busch making a play for the esports industry, a USPTO call for comments, Albania’s accession to the Geneva Act and much more. Read more
Kraft Heinz and Unilever have distanced themselves from a pornography website on which they advertised, following accusations that it hosted underage and illegal content. Legal experts emphasise the importance of being involved in conversations over brand messaging and positioning. Read more
AI-manipulated ‘deepfake’ videos have the potential to negatively impact the reputation and goodwill of brands and individuals. WTR spoke to trademark experts on how to prepare for the new age of false content. Read more
With the rise of autonomous driving technology, ride-hailing companies and micromobility transportation, traditional automotive manufacturers need to evolve fast. Positively, the strength and reputation of existing brands will prove key to fighting off digital start-ups. Read more
A Quebec court’s ruling in a high-profile parody case has reignited discussion about the treatment of satire in Canadian trademark law. We speak to two market experts, who consider whether more legal clarity is required. Read more
Pampered Chef, a world leader in the sale of premium kitchenware products, has succeeded at trial in defending trademark infringement, passing off and dilution and depreciation of goodwill claims brought by Canada's largest retailer, Loblaws. Read more
On 17 June 2019 significant amendments were introduced to the Trademarks Act with a view to bringing Canada’s trademark regime into line with the Nice Agreement, among others. This update provides some fee-based strategies to use under the amended act. Read more
The government of Canada has confirmed when new regulations for plain packaging on tobacco products will come into force, as the spread of plain packaging continues at an increasingly rapid pace. Read more
There are many Canadian trademark laws, regulations and statutes regarding selection, labelling and advertising in the food and recreational cannabis industries – all of which affect long-term branding rights and enforcement. Read more
In our latest news digest, we look at Disney powering up its brand with its 21st Century Fox acquisition, Chinese supermarkets removing fake Starbucks items from shelves, a football club losing a trademark fight, and much more. Read more
In our latest report, we delve into Canada’s trademark landscape. We examine how a major overhaul of its trademark laws may lead to a clogged up register, take a look at filing and litigation trends, and much more.
Unregistered trademarks do not have statutory protection in Canada. The owner of an unregistered mark may enforce its rights, but this necessitates the establishment of a reputation through extensive use of the mark in Canada. Read more
The USTR has published the 2018 Special 301 Report, and Canada has been added to the Priority Watch List due to “a failure to resolve key longstanding deficiencies in protection and enforcement of IP”.
A recent academic study exploring the need for updated regulation governing domain names in the United States has suggested that, with many brand owners adopting a laid back, wait-and-see approach to registrations, initial complaints surrounding the high costs of the ‘.sucks’ domain name may have been overblown. Read more
A recent decision under Canada’s Domain Name Dispute Resolution Policy shows that deeming correspondence “without prejudice” may impact a complainant’s ability to prove the registrant’s bad faith and could ultimately decide the outcome of the dispute. Read more
Direct-to-consumer brands have proved to be a problem for the American consumer goods behemoth Procter & Gamble, but a new customer-centric strategy combined with data resources could help the company regain lost ground. Read more
After years of uncertainty, a date has finally been set for the implementation of Canada’s new trademark law. This update highlights some of the main changes to Canadian law and provides some recommendations for mark owners. Read more
In Hilton Worldwide v Miller Thomson, the Federal Court of Canada has held that providing “hotel services” does not require a physical hotel in Canada to constitute “use” of a trademark in the country. Read more
The Competition Act prohibits promoting a product by making a representation that is false or misleading in a material respect. This provision is typically asserted in conjunction with other causes of action under the Trademarks Act. Read more
Privilege protects certain information and communication from disclosure. In-house counsel – as legal and business advisers to a company – must understand the limitations of privilege and how best to create and maintain it. Read more
The Federal Court of Canada has reaffirmed that providing ‘retail store services’ does not require a bricks-and-mortar establishment or direct delivery of products to Canada to constitute use of a trademark in Canada Read more