Region: Canada

MLB’s top TTAB user, Thai IP Office gets an upgrade and Russia to introduce “Made in Prison” label: news round-up

In this news round-up, we look at how India may remove the controversial Goods and Services Tax exemption for unbranded food products and how the Chicago Cubs are tackling an increase in counterfeiting.

03 October 2017

New opportunities for GI protection in Canada; food brands warned to tread carefully

Major changes to Canada’s system of geographical indication (GI) rights come into force this week as a result of amendments to the country’s Trademarks Act. The range of goods eligible for GI rights will expand significantly, and compliance with the new protections will become more onerous. While playing to the advantage of famous regional producers, the reforms create risks and liabilities for many food businesses previously unaffected by GI rules.

20 September 2017

Landlord liability for counterfeits – coming soon to Canadian premises near you?

In Canada, there is as yet no clear precedent for holding a landlord liable as an intermediary for dealings in counterfeits on its premises. However, a case launched last year by Louis Vuitton could be about to change this

01 September 2017

Canada: Unregistered does not mean unprotected

Unregistered trademarks have the potential to block registration and affect the exclusivity of registered marks in Canada. Clearance searches of unregistered marks are therefore crucial before rights holders enter the marketplace

01 September 2017

The Internet has no borders

The Supreme Court of Canada has issued a landmark decision in <i>Google, Inc v Equustek Solutions Inc</i>, confirming that Canadian courts have jurisdiction to issue interlocutory injunctions against a party’s activities that extend beyond Canada and have global reach.

25 July 2017

Captain Morgan makes Admiral Nelson’s walk the plank

The Federal Court recently found Heaven Hill and its Canadian broker, Diamond Estates, liable for passing off their Admiral Nelson’s rum products as those of Diageo and for infringing and depreciating the goodwill attached to Diageo’s Captain Morgan character and label trademarks.

12 July 2017

Canada: The cult of personality (rights)

In the social media age, protection for personality rights can be found in Canadian trademark law under the torts of misappropriation of personality and passing off, and privacy statutes

01 July 2017

Pharmaceutical brands in the Americas: practical strategies for a fast-moving sector

Experts from Canada, the United States and Venezuela discuss cutting-edge strategies for the creation, protection and exploitation of brands in the pharmaceutical industry

01 July 2017

Preparing for change: counting down to Canada’s trademark amendments

Amendments to the Trademarks Act will likely come into force in 2019. Brand owners should prepare and improve their strategies for protection, trademark acquisition and enforcement in opposition venues

01 July 2017

Oh Canada! New regulations bring welcome changes

The Canadian Trademarks Office has released a first draft of the proposed regulations to support new trademark legislation in Canada. The regulations establish the framework for blending the common regulations under the Madrid Agreement with the Canadian regulations in effort to treat Madrid Protocol applications and domestic applications equally.

21 June 2017

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