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09 November 2018

Why Canada’s unexpected trademark reforms are good news for brand owners

Trademark reforms proposed by the Canadian government are positive for brand owners, with mechanisms to tackle trademark squatting and modernised dispute resolution proceedings.

05 November 2018

What trademark owners can learn from the Federal Circuit’s Converse decision

We look at the key takeaways from the decision by the US Court of Appeals for the Federal Circuit to throw out the 2016 ITC ruling that Converse’s Chuck Taylor trade dress rights are invalid. 

29 October 2018

Our privilege to serve – thoughts on Canada’s law of privilege

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.

29 October 2018

Choose your weapon: litigating trademarks US-style

While there is an arsenal of tools with which a rights holder can address infringement, each requires careful consideration. The initial choice of remedy is a good place to start.

29 October 2018

Our privilege to serve – thoughts on Canada’s law of privilege

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.

23 October 2018

GI face-off – debating current geographical indication protections

We bring together two organisations with different perspectives on geographical indications to discuss the best route forward for this unique form of protection.

15 October 2018

Genericism: is the trademark education video the new norm?

The recent Velcro video was highly successful in generating discussion about the use of the company’s trademark, providing crucial insight into brand communication strategies.

05 October 2018

Kavanaugh testimony sparks beer trademark, Canada Goose admits fakes are beneficial, and UK food fraud concern: news round-up

In our latest round-up, we look at Colombia’s national IP office launching an accelerated trademark form for commercial brands, Toys-R-Us cancelling its brand auction, and much more.

03 October 2018

“Very good for brand owners” – IP experts react to USMCA; INTA lauds deal as “major enhancement” over NAFTA

Following the announcement of a new major trade agreement between Canada, Mexico and the United States, we reached out to IP experts to explore their views on the IP aspects of the new deal. 

02 October 2018

Attack on the senses: a comparison of non-traditional marks

Practitioners need to be aware of the differences between obtaining protection for smell, taste and texture marks in the European Union and the United States.

01 October 2018

Moving and shaking: securing protection for shapes and movement marks

With non-traditional trademark registrations on the rise, a nuanced understanding of the differences between obtaining protection in the European Union and the United States is crucial.

28 September 2018

Sounds and colours: EU and US approaches to non-traditional marks

Following a rise in non-traditional trademark registrations, practitioners should be aware of the differences between obtaining protection in the European Union and the United States.

27 September 2018

Design patent lessons from <em>Apple v Samsung</em>

The long-running face-off between Apple and Samsung over the design elements of their phone products offers a number of key takeaways for rights holders.

18 September 2018

<strong>Federal Court once again affirms that "use" of a trademark does not require bricks and mortar for non-Canadian businesses  </strong>

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.