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Passing Off Trademark Infringement Intellectual Property Protection

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

Dorsey & Whitney LLP

Is Evidence of Confusion Really Necessary to Succeed in a Trademark Infringement Case?

Dorsey & Whitney LLP on

It is not every day that a massive international TV hit show is found to infringe a trade mark. A decision of the English High Court, approved recently by the Court of Appeal, held that the popular 20th Century Fox teenage...more

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