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01 May 2018

Coexistence of trademarks: Federal Court's decision reaffirms limited scope of consent agreements

The Federal Court of Canada has upheld the refusal to register EDMOND DE ROTHSCHILD because it was confusing with the registered mark ROTHSCHILD - despite the fact that the applicant submitted a consent agreement with the owner of the cited mark.

30 April 2018

US government ranks Canada’s border enforcement on same level as China; Special 301 adds Saudi Arabia and UAE

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”.

12 April 2018

Trademark trolls in Canada? Data reveals rise in “suspicious” applications are nearly all related to millionaire Gleissner

After recent reports of a steep rise in so-called “trademark trolls” in Canada, research suggests most are related to notorious trademark filer Michael Gleissner – leading to calls for the Canadian IP Office to “take action”.

13 March 2018

Procedures and strategies for pharmaceutical brands: Canada

Sweeping amendments to the Trademarks Act are expected to be implemented in 2019. The amendments will fundamentally affect the way in which all trademark owners will need to approach their selection, clearance and registration strategies, and the pharmaceutical industry is no exception.

01 March 2018

To play or not to play (the waiting game) in Canada?

With the new Canadian trademark regime on the horizon, rights holders should consider whether to wait or to implement a filing strategy before the present system becomes a thing of the past.

15 February 2018

Signed, sealed and almost delivered - new trademark law is in sight

Canada is finally completing the last steps necessary for implementing its new trademark law, which will introduce significant changes. 

25 January 2018

Celebrities, personality rights and privacy: what marketers need to know about permission

An individual has successfully sued a production company for breach of privacy for using film footage of her taken without her permission.

10 January 2018

Non-distinctive trademark does not make the cut

The Federal Court has dismissed an application for trademark infringement, passing off and unfair competition on the basis that there was no likelihood of confusion between the inherently non-distinctive marks EXCHANGE-A-BLADE and TRADE-A-BLADE.

02 January 2018

Court of Appeal finds modified mark likely to cause confusion

The Federal Court of Appeal has found a likelihood of confusion between the partly faded trademarks of two direct competitors in the Canadian luggage and bag marketplace, Wenger and Travelway.

21 December 2017

Litigation procedures and strategies: Canada

Canada has a robust system of trademark enforcement, with several available causes of action for an aggrieved owner.

06 December 2017

When do free samples constitute use?

In Estée Lauder Cosmetics Ltd v Loveless, the Federal Court of Canada considered the issue of whether the provision of sample goods (as opposed to the actual sale of goods) constitutes use of a trademark in association with those goods. 

30 November 2017

A very Canadian IP dispute: BeaverTails spat offers important lessons on trademark overreach

​​​​​​​A Canadian pastry company got entangled in a PR crisis this week over accusations of perceived enforcement overreach. Evidence suggests that the negative impact could have a lasting effect on the brand.

09 November 2017

Stuck in limbo: new class of trademarks may be created by proposed Canadian legislation

Canada’s proposed Child Health Protection Act is making its way through the country’s legislative process. It could have a significant impact on the use of food and beverage trademarks.

01 November 2017

Canada: Changing the recipe: the amended Trademarks Act

Amid a string of changes to the Trademarks Act, food and beverage brand owners should be aware of the potential impact that this new legislation will have on their trademark rights in Canada.

25 October 2017

Border Watch covers ‘dangerous’ counterfeit goods and pirated copies

The Canada Border Services Agency recently issued a customs notice to advise the public and rights holders that its 24/7 Border Watch hotline now accepts information, or tips, on ‘dangerous’ counterfeit goods or pirated copies destined for Canada.