Neil Melliship quoted in Canadian Lawyer
Neil Melliship was quoted in Uses and abuses of trademarks online, a recent Canadian Lawyer article examining how the parameters that define trademark registration and ... Continued
Jeffrey Vicq quoted in Postmedia News article
Clark Wilson partner Jeffrey Vicq was recently quoted in a Postmedia News piece, “Royal Canadian Legion tells Reddit to remove poppy symbol over trademark concerns.” The ... Continued
Amendments to Trademarks Act Re-introduced in Parliament
Canadian government introduced Bill C-8: An Act to Amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts, aka the Combating Counterfeit Products Act
Bodum: Appeal Court Affirms Trademark Distinctiveness Analysis
FCA affirmed the Federal Court’s trade-mark distinctiveness analysis in Bodum v. Meyer case
Seva Batkin featured in Techvibes
Seva Batkin was recently featured in Techvibes answering the question What Should Tech Companies Consider When Patent Trolls Come Calling? His article examined the impact ... Continued
MACDIMSUM: Challenging a Family of Marks
In Cheah v. McDonald’s Corporation, the Federal Court of Canada held that MACDIMSUM is likely to be confusing with the MacDonald’s family of trademarks. Focusing ... Continued
Patentability of Computer-Implemented and Medical Use Inventions in Canada
As reported in the December 2010 and October 2011 editions of Knowledge Bytes, the patentability of computer-implemented inventions continues to be uncertain in Canada, as ... Continued
A Clearly Descriptive Engineering Trademark
Federal Court dismissed an appeal of the Trade-mark Opposition Board’s refusal to register the mark ENGINEERING EXCELLENCE IS OUR HERITAGE
Trademark Evidentiary Issues / Colour as a Trademark
JTI Macdonald TM Corp. v. Imperial Tobacco Products Limited, a recent decision of the Federal Court, includes interesting findings regarding the introduction of additional evidence ... Continued
A Professional Designation Can Be A Certification Mark: Canada’s Federal Court
Federal Court held a professional designation could function as a certification mark, though not on facts at hand
Trademark Interlocutory Injunction Denied
A recent decision of the Saskatchewan Court of Appeal, setting aside the interlocutory injunction granted by the Chambers judge, illustrates how difficult it is to ... Continued
Declaring Control in Expungement Proceedings
Trade-marks Opposition Board maintained registration for YEAR-IN-A-BOX mark; issue was whether the registrant had demonstrated suficient control over the entity selling the calendars in Canada