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Developing a sound global trademark filing strategy

Registering a trademark across multiple jurisdictions can be a complex process. Brand owners must strike a balance between maximizing protection across their jurisdictions of interest and managing both risks and costs to...more

Top ten considerations for creating an effective anti-counterfeiting program

A key component of any effective brand protection strategy is an anti-counterfeiting program. How can a brand owner protect its reputation and rights against counterfeiters, infringers and pirates? The answer will depend not...more

Federal Court’s decision in Energizer Brands, LLC v Gillette Company narrows test for depreciation of goodwill in comparative...

Last week, the Federal Court of Canada issued its long-awaited decision in Energizer Brands, LLC v Gillette Company, 2023 FC 804. The case is noteworthy because it is a “comparative advertising” case, and one of only a few...more

[Ongoing Program] Contentious trademark proceedings: What brand owners should know about defending and enforcing their rights in...

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

In-house counsel primer: Managing IP and compliance risks in artificial intelligence and a digital world

In today’s competitive innovation economy, digital technologies and artificial intelligence (AI) tools are increasingly used in business transformation and growth. In-house counsel at companies across industries need to be...more

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

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

Strategies for in-house counsel to mitigate risk related to intellectual property

In today’s competitive innovation economy, companies across industries face a wide range of potential legal issues and risks related to intellectual property (IP). Whether it is infringement of a valuable patented technology,...more

How to record your brand’s rights and stop counterfeit goods at the Canadian border

As we approach the one-year anniversary of the coming into force of the Canada-United States-Mexico Agreement (CUSMA) on July 1, 2021, we reflect on the changes that the CUSMA brought about for brand owners, particularly at...more

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

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

You’ve received a “cease and desist” letter – now what?

This is the sort of letter that no one wants to receive: one containing the words “cease and desist”. Whether it arrives by post, email or someone showing up at your door with a personal delivery, a cease and desist letter...more

Federal Court of Appeal does not disturb lower court’s finding of 'use' for hotel services

In a highly anticipated decision, the Federal Court of Appeal recently held that a trademark owner could demonstrate “use” of a trademark in Canada in association with “hotel services” in the absence of a brick-and-mortar...more

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

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

Whether or not there’s a will, there’s still a way to infringers’ profits in Canadian trademark litigation

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

5 reasons why Canada is an attractive jurisdiction for trademark litigation

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

Rx IP Update - June 2018

Health Canada News - Health Canada issues updated guidance on PMNOC Regulations - Health Canada has issued updated guidance reflecting the September 21, 2017 amendments: Guidance Document: Patented Medicines (Notice of...more

Cannabis Act passes in Canada without controversial amendments

After an unpredictable few weeks, Bill C-45, the Cannabis Act, received Royal Assent on June 21, 2018, and adult use cannabis will be legal in Canada as of October 17, 2018. Canada will be only the second country in the world...more

Don’t let your brand go to pot (Part II): how cannabis brand owners can cover their “buds” with plant breeders’ rights

The Canadian federal government is moving quickly towards legalizing the possession and consumption of cannabis for recreational purposes. However, Canada’s cannabis industry is already “overgrown” with many licensed (and...more

Don’t let your brand go to pot (Part I): 4 things that cannabis brand owners need to know

The Canadian federal government is moving quickly towards legalizing the possession and consumption of cannabis for recreational purposes. However, Canada’s cannabis industry is already “overgrown” with many licensed (and...more

Canada introduces reporting mechanism for dangerous counterfeit goods, helping rights holders protect their brands at the border

Recently, the Canada Border Services Agency (CBSA), the federal organization responsible for policing Canada’s borders, issued a Customs Notice (CN17-27) to advise the public and rights holders that its 24/7 “Border Watch”...more

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