News & Analysis as of September 19, 2024

Trademarks › Depreciation

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A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +

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

Smart & Biggar on 6/23/2021

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

Trademarks in 2020: Notable Canadian trademark cases and developments

Smart & Biggar on 1/26/2021

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

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

International Lawyers Network on 7/31/2020

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

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

Smart & Biggar on 7/13/2020

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

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

Smart & Biggar on 5/12/2020

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

Captain Morgan makes Admiral Nelson’s walk the plank

Smart & Biggar on 6/22/2017

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

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