Patent Considerations in View of the Nearshoring Trends to the Americas
No Password Required: Education Lead at Semgrep and Former Czar for Canada’s Election Security
4 Key Takeaways | Major U.S. Supreme Court Trademark & Copyright Decisions
Hidden Traffic : New Human Trafficking and Child Labor Regulation in Canada with Sean Stephenson
[Podcast] Catching Up on Canadian Environmental Regulation
[Podcast] USMCA in Review, with C.J. Mahoney, Former Deputy U.S. Trade Representative
Episode 4 - USMCA and the trade relationship between the U.S.A, Mexico, & China
Five Questions, Five Answers: Electric Mobility Canada on Its Promises for a Cleaner Economy
Five Questions, Five Answers: The Voice of Canadian Automotive Parts Manufacturers
The Great Green North: A Discussion on Canada’s Environmental Regulations
Blakes Continuity Podcast: Cutting Through the Weeds: A Look at Environmental Issues Impacting Businesses
Balado continuité – Environnement : nouveautés du régime d’autorisation québécois
Blakes Continuity Podcast: What to Expect When Insolvency Crosses the Border
Infrastructure and Indigenous Engagement
A Way Forward: Energy Industry Ready to Fuel Canada's Recovery
Blakes Continuity Podcast: The Moving Landscape of Foreign Investments
Blakes Continuity Podcast: COVID-19: The Regulatory Impact on Pensions
Employment and Labour in the Time of COVID-19
Nota Bene Episode 70: Examining the USMCA: Is it Simply a Rebranded NAFTA? with Scott Maberry
This Week in FCPA-Episode 96, 2018 - the Opening Day edition
The author of the lyrics for Canada’s national anthem, “O Canada,” probably didn’t have trademarks in mind when he wrote “we stand on guard for thee.” But a recent trademark infringement win for a Maryland-based U.S....more
Survey evidence can be used in trademark disputes to establish consumer perception and brand power. A recent Federal Court decision provides guidance on factors that may influence the admissibility of online survey evidence....more
A recent Canadian decision illustrates how powerful interlocutory injunctions can be for trademark owners involved in trademark infringement litigation in Canada. On January 2, 2024, in Amer Sports Canada Inc v Adidas Canada...more
In a decision dated January 24, 2024, Justice Pallotta allowed Novartis’ application, finding that Biogen and Samsung’s use of the trademark BYOOVIZ in association with an ophthalmologic drug violates Novartis’ rights in its...more
Online takedowns are an essential and effective tool for intellectual property rightsholders. Such tools are a common response to infringement on online marketplaces. A recent Canadian decision highlights the risks associated...more
Trying some healthy habits in 2024? Your trademarks want you to do the same! A trademark has value when it is distinct and enforceable. Even registered marks can lose value if proper “trademark hygiene” is not followed...more
Canada has emerged as a popular jurisdiction for trademark designations under the Madrid Protocol, a global system facilitating streamlined protection of marks across multiple countries. According to WIPO’s Madrid Yearly...more
This spring, join our Smart & Biggar trademark experts and gain new insights at our popular Canadian Trademarks webinar series. Each webinar provides practical tips and strategies for global brand protection in Canada, with a...more
The Federal Court recently had occasion to revisit the issue of confusion between foreign-language trademarks involving the use of Chinese characters in Canada. ...more
The proverbial brand owner’s guidebook became a little bigger in 2022. Developments in practice opened new avenues for securing and enforcing trademark rights over the past year, including an “accelerated” path to trademark...more
There were several notable trademark cases in Canada in 2020, including those addressing comparative advertising, depreciation of goodwill, brand parody, trademark ‘use’ in the absence of a brick-and-mortar location, and...more
The Federal Court of Canada (the “FCTD“) recently released Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, in which it considered whether a cannabis company, Herbs “R” Us Wellness Society (“Herbs R Us“), had...more
Late last month, in a landmark decision heralded by brand owners, the U.S. Supreme Court ruled in Romag Fasteners, Inc v Fossil Group, Inc that a plaintiff in a trademark infringement suit is not required to show that a...more
Brand owners looking to enforce their rights expeditiously (and inexpensively) need look no further than Canada, which offers brand owners a number of tools to obtain relief against infringers and counterfeiters in a...more
In IP litigation, expert testimony is common and important. Experts may provide the court with a scientific primer in highly complex cases. In patent litigation, experts may construe complex claims through the eyes of a...more
On July 22, 2019, the Federal Court issued its decision in Loblaws Inc v Columbia Insurance Company, 2019 FC 961. Pampered Chef, a Berkshire Hathaway company and a world-leader in the sale of premium kitchenware products, has...more
Furans in Baby Food May Pose Health Risk, EFSA Reports - The European Food Safety Authority (EFSA) has issued an assessment of the risks of furans and related compounds 2- and 3-methylfurans, concluding that they pose a...more
A recent decision involving an AT&T trademark demonstrates how the global reach of technology businesses can sometimes result in a blurring of markets and make documentation of trademark use in Canada difficult to retrieve...more
GE Salmon Bill Introduced in U.S. Senate - A bipartisan group of U.S. senators has introduced a bill that would require labeling of genetically engineered (GE) salmon and independent scientific review of the U.S. Food and...more
Experts play an important role in IP litigation, but the court will carefully consider whether the proposed expert evidence is necessary to assist the trial judge and has demonstrated an increasing willingness to determine,...more
Using an unregistered mark, confers only limited rights and protections on the user/owner. Registration provides enhanced rights and advantages, including...more
In Trader Joe’s Company v. Michael Norman Hallatt, the Ninth Circuit recently found that Trader Joe’s allegations of infringing conduct occurring within Canada supported a cognizable claim under the Lanham Act....more
Summaries of Recent Precedential and Informative Appellate Opinions - Trademark Opinions - Owners of Foreign Marks May Sue Under Lanham Act Without Using Marks in the US: Belmora LLC v. Bayer Consumer Care AG,...more
This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark law will be implemented in March as well as the likelihood of the Unitary...more
For many years, summary disposition was essentially unavailable in intellectual property cases in the Federal Court of Canada, unless a claim or defence was plainly devoid of merit. For some parties, this presented a...more