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Leave to Appeal Trademarks

Smart & Biggar

Supreme Court of Canada denies leave to appeal in Travelway Group International Inc v Group III International Ltd

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SCC decision highlights the importance of obtaining a trademark registration to guard against claims of infringement and passing off - The Supreme Court of Canada has now put an end to a dispute between Wenger SA, Group...more

International Lawyers Network

SCC Leave Denied: Public Authorities — Not Immune To Trademark Infringement Claims

The Supreme Court of Canada has denied leave to appeal of the Ontario (Energy) v Quality Program Services Inc.1 Federal Court decision, thereby bringing finality to whether public authorities are immune to trademark...more

Smart & Biggar

Year-end Round-up: Notable Trademark Case Law From 2018

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There were many interesting trademark cases coming out of 2018, a few of which are discussed below. The scope of Canada’s anti-dilution remedy (section 22 of the Trademarks Act) is not limited to a defendant’s use of a...more

Smart & Biggar

Rx IP Update - December 2016

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Janssen seeks leave to appeal to SCC regarding FCA decision upholding Minister of Health’s decisions relating to administrative drug submissions - As reported previously, on October 12, 2016, the Federal Court of Appeal...more

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