News & Analysis as of

Canada Trade Marks Act

Smart & Biggar

A limit on demand letters: Federal Court grants rare pre-trial injunction barring potentially false or misleading cease and desist...

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In a recently published decision (Fluid Energy Group Ltd v Exaltexx Inc, 2020 FC 81), the Federal Court granted a pre-trial injunction sought by the Defendant, Exaltexx Inc. (Exaltexx), enjoining the Plaintiff, Fluid Energy...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Markit to Market - November 2018: Now Coming in June 2019 – Changes to Canadian Trademark Law, Eh? (Part II)

The wait is over! The Canadian Privy Council Office recently announced that the long-anticipated changes to Canada’s trademark laws will officially go into effect June 17, 2019. ...more

Smart & Biggar

Ontario Court of Appeal allows Sanofi and Schering to plead that Federal Court ramipril patent invalidity decision was flawed due...

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In an action by Apotex for compensation from Sanofi and Schering under the Ontario Statute of Monopolies, U.K. Statute of Monopolies and the Trade-marks Act, the Ontario Court of Appeal has overturned a motion judge’s...more

Blake, Cassels & Graydon LLP

Demystified: USMCA’s Intellectual Property Provisions on Damages for Trademark Counterfeiting

The provisions of the United States–Mexico–Canada Agreement (USMCA) – known as the Canada-United-States-Mexico Agreement or CUSMA in Canada – have attracted considerable attention due to their perceived impact on the Canadian...more

Smart & Biggar

Colour it Mine: Protecting Colour Trademarks in Canada

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Colours can function as indicators of source, and many colours acquire distinctiveness over time. When thinking of the colour green in association with farm tractors, the John Deere company may come to mind. Or seeing the...more

Blake, Cassels & Graydon LLP

Legal Trends: Intellectual Property

The previous federal government committed Canada to sweeping changes to the legislation and regulations governing virtually every category of intellectual property in the country. Some of these changes have largely already...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Proposed Changes to Canada's Trade-marks Act

Not to be upstaged by China, who recently proposed changes to its Trademark Law, the Government of Canada proposed substantial changes to its Trade-marks Act on March 28, 2014. Several of these changes were proposed to align...more

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