Non-Use of a Trademark – Evidence of Special Circumstances Required
Jose Cuervo S.A. de C.V. v. Bacardi & Company Ltd. and the Registrar of Trade-marks was the second time that Bacardi had sought summary expungement, ... Continued
Court Considers Colour Marks
Federal Court considered colour marks (green and greeyish -green)
Trademark Confusion: Possible Future Confusion Not Relevant
In a recent decision of Canada’s Federal Court of Appeal, Masterpiece Inc. v. Alavida Lifestyles Inc. the Appellant sought to expunge the Respondent’s registered trademark MASTERPIECE ... Continued
Additional Evidence and Relevant Dates on Trademark Appeals
Dispute over use of GOURMET appealed to Federal Court
VANOC Unravels Cowichan Sweater Trade-mark Tangle
Members of the Cowichan Tribes had the Vancouver Olympic Committee (VANOC) tied up in knots recently when it accused VANOC of stealing the Cowichan’s traditional ... Continued
Proving a Trademark Licence
3082833 Nova Scotia Company v. Lang Michener LLP and Registrar of Trade-marks illustrates the importance of providing evidence of any licences in place when confronted ... Continued
Canadian Intellectual Property Office Tosses IP Rights-Holders Several Change-Ups
While baseball’s fall classic has recently wrapped up, change-ups and knuckleballs are still being tossed through the autumn air by the Canadian Intellectual Property Office. ... Continued
BTO Members Taking Care of Legal Business
Bachman Turner Overdrive dispute between ex-band mates
Counterfeit Goods: Statutory and Punitive Damages
Illustration of Canadian courts’ willingness to award substantial statutory damages under the Copyright Act with punitive damages in counterfeit goods cases
Judgment nets 800 Domains
According to news reports (here and here), Chris Bosh, of the NBA’s Toronto Raptors, was awarded control of 800 domains through a U.S. Federal Court ruling. ... Continued
CIPO Contemplating Changes – Extensions of Time in Examination
CIPO announced new consultation regarding proposed change in practice for granting extensions of time in examination
More Beer Brand Wars
You can tell that it’s Fall up here in the Great White North. The weather is turning cooler, the NHL preseason is in full swing ... Continued