Field Law

In the case of Bowman v. Monsanto Company (May 13, 2013), the US Supreme Court has weighed into this thorny field, and on Monday it delivered a unanimous judgment upholding the rights in Monsanto’s patented soybeans. (See our…more

There was considerable interest in our earlier post (Trade-mark Oppositions: When “Close” becomes “Too Close”) which reviewed the competing marks POMPURE vs. POM WONDERFUL for beverages, and the marks CAMILION vs. CAMÉLÉON &…more

In Pelchat v. Zone 3 Inc., 2013 QCCS 78, a Quebec court decision has addressed the dichotomy between the idea for a TV show, and the “form and expression” of ideas, as embodied in a TV show. In this case, the defendant Zone 3…more

Ever wondered if you would infringe a patent but wanted to know before any infringement occurred? Honeywell International, Inc. and Arkema Inc. are competitors in the field of automotive air-conditioning systems…more

“The world has changed dramatically in the last two decades… An entity may now have a profound impact upon a foreign jurisdiction solely through its virtual projection via the Internet.” …more

When is one trade-mark too close to another? This is a question that we work through collaboratively with our trade-mark clients. The short answer is: “It depends…” The long answer is illustrated by these two recent cases. A…more

A grievance process is designed to promptly resolve workplace disputes by encouraging a frank and open dialogue between the parties. Accordingly, Arbitrators have long held that communications exchanged in the grievance process…more

A Justice of the Saskatchewan Court of Queen’s Bench has assessed punitive damages totalling $4,500,000 against two insurers in a recent trial decision, Branco v. American Home Assurance et. al., 2013 SKQB 98. In rendering a…more

When a cloud privacy breach occurs in Canada, what happens? In some cases, businesses are subject to mandatory breach notification requirements. This means that a privacy breach - whether as a result of a hacker, a lost USB or…more

ICANN’s new gTLD process has taken another step forward. The period for filing formal objections against new generic top-level domains (gTLDs) has now been closed, and the Trademark Clearinghouse has been opened. The…more

In the November 6, 2012 edition of Perspectives for the Professions we reported on the decision of the Court of Appeal referenced above. In this case two registered nurses, on numerous occasions, stole narcotics from their…more

The most important, and most often overlooked, aspect of giving validity and value to your company’s trade-marks is how they are “used.” Unlike copyright works or patented inventions, that remain protected even if never exposed…more

As an owner of a closely-held private business you likely hold voting shares in your corporation. These shares allow you to exercise some control over the corporation by giving you the right to vote for corporate directors and…more

Digital assets. It is a phrase that is currently trending among legal commentators and Canadians alike. Some argue that it is a critical topic for any estate plan. Others feel it has no place in an estate planning meeting. …more

The Canadian Intellectual Property Office has released guidance on “Computer-Implemented Inventions” as planned, in the wake of the Federal Court of Appeal decision in Amazon. While “software” is technically not patentable, a…more