When Prior Use is not Prior Use
In an update to an earlier post, the Supreme Court of Canada has recently granted leave to appeal in the case of Masterpiece Inc. v. Alavida ... Continued
Certification – A brief overview
The majority of employers have non-union workforces. Consequently, when their employees become involved in a union certification drive they do not understand their rights and ... Continued
BC Labour Law in the Context of Business Transactions
There are significant human resources and employment related issues that arise from the purchase, sale or merger of all or part of a business. If ... Continued
CIPO Seeks Consultation On More Proposed Changes
CIPO seeks consultation on proposed changes: not having to confirm applicant is a “person”, adding colour, automatic deemed withdrawal of opositions
Municipality’s rights in name not retroactive under CDRP: westkelowna.ca
In District of West Kelowna v. Baremetal.com Inc. the District of West Kelowna (the “Municipality”) lost a Canadian Internet Registration Authority (CIRA) Dispute Resolution Policy ... Continued
World Trademark Review publishers launch TM blog
Our friends over at the World Trademark Review have recently launched what they’re calling the first blog by specialized IP journalists. The group – which ... Continued
Stripes Applied to Toothpaste: A Registrable Trademark
In Procter & Gamble Inc. v. Colgate-Palmolive Canada Inc. the Federal Court agreed with the Opposition Board that none of the six grounds advanced by ... Continued
TSXV makes Changes to Listing and Maintenance Requirements, CPC Policy and Other Policy Amendments – Effective June 14, 2010
The TSXV made a variety of changes to requirements and policy.
No Summary Expungement of Trademark if Sublicensing Properly Documented
In Tucumcari Aero, Inc. v. Cassels, Brock & Blackwell LLP, a section 45 summary expungement action, the Registrar was satisfied that Tucumcari Aero, Inc., the ... Continued
Special Circumstances Excuse Non-Use of Trademark
Cobalt Brands, LLC v. Gowling Lafleur Henderson LLP concerned the registration of the mark USQUAEBACH & Design for use in association with blended Scotch Whiskey. ... Continued
A Confusing Trademark VIBE
Federal Court set aside decision of TMOB and allowed opposition to appliation to register VIBETRAIN mark
Employer’s Failure to Act Constitutes Discrimination Says BC Court
On January 12, 2010, the Supreme Court of BC upheld a 2008 decision of the BC Human Rights Tribunal, in which the employer was found ... Continued