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False alarm: the risks of groundless online takedown complaints

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

[Ongoing Program] Trademark & copyright enforcement on the internet: Online marketplaces, social media and the web - July 13th,...

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

[Ongoing Program] Brands in the Metaverse: Protecting Trademarks & Copyrights Online, in Digital Media, and Beyond - September...

The Internet has developed into an essential part of virtually every business, from online sales, to software as a service, to online marketing. This has led to a corresponding rise in the type and volume of online IP risks...more

Trademark troll loses registration after appropriating well-known mark

The Federal Court of Canada, in a May 2022 decision,1 has ordered a B.C. man’s trademark registration to be expunged for “bad faith” after finding it was filed solely for the purpose of resale. This is the first decision in...more

Stiff penalty for copyright infringer in Canada: Federal Court hands out prison sentence

In a recent Federal Court case, the Court ordered the director of a corporation to be imprisoned for at least 6 months and payment of a $100,000 fine for bypassing an injunction against copyright infringement. We previously...more

A Step Towards Canadian Ratification of "NAFTA 2.1"

Bill C-4, entitled An Act to implement the Agreement between Canada, the United States of America and the United Mexican States was tabled in the Parliament of Canada on January 29, 2020.  The bill introduces some amendments...more

Peering over the neighbours’ fence: key differences in trademark laws between Canada and the U.S.

As trade talks between Canada and the United States dominate the headlines, it is hard to ignore the strong economic ties between these neighbouring nations. For example, the total volume of goods exported from the U.S. in to...more

Rare Interlocutory Injunction Issued by Federal Court in Trademark Case

In a significant decision issued last week, Sleep Country Canada Inc v Sears Canada Inc, 2017 FC 148, the Federal Court issued rare interlocutory relief to a Plaintiff in a trademark case. ...more

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