In today’s age, the importance of brands (and in turn trademarks) cannot be undermined. It is through brands that businesses (be it domestic or international) are able to thrive and flourish in various highly competitive...more
When preparing a trademark application, a significant amount of attention is often given to the drafting of the specification of goods and services. Whilst the goods and service classification is important, care should also...more
In a recently published decision (Fluid Energy Group Ltd v Exaltexx Inc, 2020 FC 81), the Federal Court granted a pre-trial injunction sought by the Defendant, Exaltexx Inc. (Exaltexx), enjoining the Plaintiff, Fluid Energy...more
When TV format creator Mark Duffy struck upon the tongue-in-cheek name “The Pets Factor” for what was (presumably) a talent competition for domestic animals, he might well have smiled at his own ingenuity. Conversely, when...more
The wait is over! The Canadian Privy Council Office recently announced that the long-anticipated changes to Canada’s trademark laws will officially go into effect June 17, 2019. ...more
In an action by Apotex for compensation from Sanofi and Schering under the Ontario Statute of Monopolies, U.K. Statute of Monopolies and the Trade-marks Act, the Ontario Court of Appeal has overturned a motion judge’s...more
The provisions of the United States–Mexico–Canada Agreement (USMCA) – known as the Canada-United-States-Mexico Agreement or CUSMA in Canada – have attracted considerable attention due to their perceived impact on the Canadian...more
Colours can function as indicators of source, and many colours acquire distinctiveness over time. When thinking of the colour green in association with farm tractors, the John Deere company may come to mind. Or seeing the...more
R v M; R v C and R v T - The Supreme Court has held that the criminal sanctions under section 92(1) of the Trade Marks Act 1994 (“the Act”) will apply to the sale or so called “grey” market goods as well as counterfeit...more
The Court of Appeal has upheld a High Court ruling of 2014 that Twentieth Century Fox’s (“Fox”) “glee” television series infringed Comic Enterprises Ltd’s (“Comic”) trade mark for “the glee CLUB”. A parallel claim in the High...more
The previous federal government committed Canada to sweeping changes to the legislation and regulations governing virtually every category of intellectual property in the country. Some of these changes have largely already...more
The High Court of Australia (High Court) this week handed down only its third decision considering trade mark law since the enactment of the Trade Marks Act 1995 (Cth). This decision could reduce barriers to registration for...more
Not to be upstaged by China, who recently proposed changes to its Trademark Law, the Government of Canada proposed substantial changes to its Trade-marks Act on March 28, 2014. Several of these changes were proposed to align...more