News & Analysis as of

Loss of Goodwill Trademarks

BakerHostetler

AD-ttorneys@law - July 2022

BakerHostetler on

TINA Investigation Sours on HelloFresh - America’s #1 food-box provider is deploying dark patterns, says watchdog - See-Through? When it comes to ingredients and suppliers, HelloFresh is all about disclosure....more

Smart & Biggar

Federal Court finds Subway’s trademark rights infringed by cannabis retailer that adopted “Budway” parody mark

Smart & Biggar on

Earlier this month, the Federal Court issued its decision in Subway IP LLC v Budway, Cannabis & Wellness Store, 2021 FC 583, a case involving a cannabis retailer that knowingly adopted a parody mark in connection with its...more

Smart & Biggar

Trademarks in 2020: Notable Canadian trademark cases and developments

Smart & Biggar on

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

International Lawyers Network

Businesses Beware: Depreciation in Goodwill Claims Not Bound By Industry Lines

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

Smart & Biggar

Not all pun and games: Federal Court not amused with cannabis company’s brand parody

Smart & Biggar on

In a recent decision of Canada’s Federal Court illustrates the danger of adopting a mark or name “inspired” by a famous or well-known brand, even when confusion is unlikely. The decision is a cautionary tale, particularly for...more

Smart & Biggar

The fight over depreciation of goodwill in Canada keeps going and going …

Smart & Biggar on

While comparative advertising can be an effective tool for comparing and contrasting competing brands, there are limits on what claims can lawfully be made. One such limit is provided by Section 22 of the Trademarks Act,...more

Smart & Biggar

True or False? Testing the limits of comparative advertising – Petline v Trupanion

Smart & Biggar on

Comparative advertising can be a useful tool for marketers. It positions competing brands against each other and helps consumers make better choices. However, there are legal limits to comparative advertising which are set...more

Bennett Jones LLP

United Airlines Grounds Complaint Website

Bennett Jones LLP on

A joke does not work if it needs to be explained. While some complaint and parody websites may constitute fair dealing, close copying of trademarks and copyrighted works, combined with mean-spirited commentary, will not fly....more

Smart & Biggar

Captain Morgan makes Admiral Nelson’s walk the plank

Smart & Biggar on

Smart & Biggar prevails at trial on behalf of Diageo in trade dress case. On June 12, 2017, the Federal Court issued its 99-page decision in Diageo Canada Inc v Heaven Hill Distilleries Inc et al, 2017 FC 571. The Court...more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide