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
Injunction for Trademark Infringement: Québec
In Solutions Abilis Inc. v. Groupe Alithis Inc., the Québec Superior Court granted the plaintiff an interlocutory injunction precluding the defendant from using ALITHIS as part ... Continued
Punitive Damages: Trademark and Copyright Infringement
The most recent case from the Federal Court continues the Court’s tough stance with respect to trademark and copyright infringement in Canada. In Harley-Davidson Motor ... Continued
New Generic Top Level Domains and the Trademark Clearinghouse – What You Need to Know / What You Need to Do
As readers of Knowledge Bytes will know from our June 2011 edition, the world is entering into a period of great change in the internet ... Continued
No Trademark Monopoly: Red Horse / Black Horse
In January 2013 the Federal Court considered whether an ordinary beer drinking consumer, on hearing the words RED HORSE, would likely think that RED HORSE ... Continued
New Generic Top Level Domains and the Trademark Clearinghouse – What You Need to Know / What You Need to Do
As readers of our newsletter will know from our June 2011 edition, the world is entering into a period of great change in the internet ... Continued
An Interplay of Canadian Official Marks and Canadian Trademarks
Federal Court judicially reviewed Registrar of Trade-marks’ decision to expunge marks; considered the test for what is a “public authority” in order to obtain official marks
Significant Amendments to Canada’s Trade-marks Act Closer To Reality
Canada’s federal Government introduced Bill C-56 on March 1, 2013 – the Combating Counterfeit Products Act. The primary focus of this Bill is to improve the ability ... Continued
2013 – A New Year Rings in with a New Copyright Landscape in Canada
2012 proved to be a very important year of change in Canadian copyright law. As summarized in the July 2012 edition of Knowledge Bytes, the ... Continued