Jennifer Powell
Powell Trade Mark Services

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Canada
Areas of Practice
  • Education
  • Intellectual Property

Commonly used term in food industry given narrow scope of protection

In Mövenpick Holding AG v Exxon Mobil Corporation (2011 FC 1397, December 1 2011), the Federal Court has assessed clearly descriptive trademarks and confusion between marks in the Canadian marketplace. It was an appeal…more
 /  Intellectual Property

Formula One: Established Famous Mark

In Formula One Licensing BV v Formula 1 Emporium Inc (2011 TMOB 124), Formula One Licensing BV has successfully established that its mark F1 had acquired the notoriety to be considered a famous trademark and should be awarded a…more
 /  Intellectual Property

Target Corporation fails to obtain injunction against use of "target"

In Target Brands Inc v Fairweather Ltd, the Federal Court has dismissed the plaintiffs' application for an interlocutory injunction prohibiting the defendants from using the word 'target' or a bull’s-eye design in…more
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Certification mark held to be recognized as being type of cheese

Federal Court of Appeal has highlighted that, where a mark has become a commonly used term in designation of goods and services, no one person shall adopt it a a trade-mark…more
 /  Intellectual Property

Mark needs not describe good or service completely to be descriptive

In Ontario Teachers’ Pension Plan Board v The Attorney General of Canada (2011 FC 58, January 18 2011),the applicant, the Ontario Teachers’ Pension Plan Board, has learnt a lesson on descriptive marks when its…more
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A clear warning to trademark owners to proceed with caution in how they enforce their rights!

How far is too far in protecting one's trademkars from infringement and depreciation of goodwill? Canadian company penalised for aggressive action in protecting its trademarks. This article first appeared on WTR Daily, part…more
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USQUAEBACH - the Water of Life - Special Circumstances Justified this Whiskey's Absence of Use

Court clarifies what constitutes special circumstances in absence of use…more
 /  Intellectual Property

Without Rights to the Trade-marks - Manufactuer was left holding the goods

A contractual agreement is not a consignment agreement. One party owned the trade-mark rights; the other the goods…more
 /  Intellectual Property
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