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21 September 2016

Ambush marketing application not ‘irresistible’

The Federal Court's decision in the case of Julia Wine Inc v Les Marques Metro is a practical example of trademark law serving its function to prevent confusion of the public and unwarranted entrenchment on the rights of established trademark users, particularly when an element of bad faith is involved.

01 September 2016

Canada: Canada sees increase in class action lawsuits for misleading claims

Several recent cases suggest that the most likely group to take action against misleading advertising may no longer be regulators or competitors, but disgruntled consumers acting as a class

31 August 2016

What is considered ‘substantially different’ in an industrial design?

The Federal Court of Canada’s decision in AFX Licensing Corporation v HJC America Inc serves as a benchmark case for what constitutes an infringement of an industrial design registration in Canada.

08 July 2016

Domain registration cancelled due to Canadian Presence Requirements

A recent decision of a panel under the Canadian Internet Registration Authority Domain Name Dispute and Resolution Policy has highlighted a peculiar aspect of the '.ca' registry: a registrant must satisfy the Canadian Presence Requirements.

02 June 2016

"Sufficient presence of French" required on outdoor signage in Quebec

The Quebec government has published its proposed amendments to the French language regulations in an effort to ensure the visibility of the French language throughout the province.

20 May 2016

Did Master pass-off Mister?

The Federal Court recently issued a decision respecting trademark infringement and passing-off in the case of Responsive Brands Inc v 2248003 Ontario Inc. The decision shows the power of extensive use of an otherwise not highly distinctive mark to extend the scope of protection.

05 May 2016

Special circumstances found to refuse expungement of trademark

The Trademarks Opposition Board has refused to expunge the trademark registration STK owned by The One Group LLC for non-use pursuant to Section 45 of the Trademarks Act.

03 May 2016

Court of Appeal clarifies domain jurisdiction

In Michaels v Michaels Stores Procurement Co, the Federal Court of Appeal provided a clear statement that the federal courts have jurisdiction to order the transfer of domain names.

29 April 2016

From interlocutory injunctions to Donald Trump: trademarks to the fore in Canadian courts

As the country awaits sweeping amendments to the Trademarks Act, the courts were kept busy with decisions covering relief against non-parties, metatags, cancellation proceedings and the exemption for recognised trademarks under the Charter of the French Language in Quebec Province

29 April 2016

Canada: Preparing for change

The effects that the amendments to the Trademarks Act in Bill C-31 have on rights holders will be wide ranging, but the expanded definition of ‘trademark’ should prove to be a boon

14 April 2016

A trademark cautionary tale: personal liability cannot hide behind corporate veil

The Quebec Superior Court recently issued a reminder that the principal of a corporate defendant can be found personally liable for damages alongside the corporate defendant that committed the infringement or passing off.

13 April 2016

Federal Court of Appeal seeks to clarify law relating to descriptive or misdescriptive trademarks

The Federal Court of Appeal has revisited the issue of whether geographically descriptive words are registrable as trademarks or whether they are prohibited by Section 12(1)(b) of the Trademarks Act.

06 April 2016

Keeping up with technology – goods versus services

Specialty Software Inc registered the trademark MEDINET in association with computer software programs delivered to purchasers on disk, so the mark was registered in relation to goods. As the software is now delivered online, the question arose as to whether the trademark was being used for services as opposed to goods.

29 March 2016

Trademarks and geographic place names

The Federal Court of Appeal has confirmed that if a mark contains the name of a geographic location from where the goods or services emanate, then the mark is clearly descriptive of the place of origin and is not registrable.

01 March 2016

Canada: The challenging world of Canadian official marks

Rights holders could find that using simple greeting terms may offend the rights of official mark holders