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In this blog we deal with recent developments concerning trademarks, copyright and other laws that have a direct impact on branding and...

A decision of the Federal Court illustrates the difficulties in establishing a chain of title and a date of first use. Sea Tow Services...

This month we are discussing basic points concerning the evidence to be filed. An opposition is like a proceeding in a court and many...

This month we continue to discuss trade oppositions and will deal with the evidentiary framework. Both the opponent and the applicant are...

A decision of the UK Court of Appeal emphasises the importance of evidence of actual ›confusion in an action for trademark infringement,...

Decision of the Federal Court allowed an appeal from the Trademark Opposition Board on the ground that the Board did not assess the...

A decision of the UK Court of Appeal provides a roadmap for an approach to attack “lookalike” packaging. Thatchers Cider Company Ltd v...

2024 was a better year for trademark owners and their advisors. The impact of the pandemic is behind us, and the processing delays in the...

There is a one-year grace period for filing an industrial design. If the design has been disclosed more than one year before the priority...

The UK Supreme Court recently considered this issue and have taken an approach that emphasizes knowledge of the essential features of the...

The Facts  Auberge & Spa Le Nordik Inc. v. Therme Development (CY) Ltd.  2024 FC 1765 Auberge & Spa Le Nordik Inc (Nordik) is the owner...

There have been several recent decisions relating to bad faith by an applicant for a trademark. The Canadian Trademark Act  includes bad...

This month we continue to discuss trade oppositions. The grounds of opposition can include the following: a) The application does not...

In this blog entry we deal with copyright developments in the last few months. The Right to Repair Policy In its Budget of 2024, the...

This month we turn to a new topic. Introductory comments about trade oppositions follow. A trademark owner must vigilantly monitor the...

A decision of the Ontario Supreme Court clarifies what is required to obtain an interlocutory injunction and shows the risks of not...

After a long and convoluted history of litigation between the parties, the Federal Court of Appeal granted an accounting of profits to...

A decision of the Federal Court deals with the concept of incidental and ancillary services and the obligation to show use of a trademark...

A decision of the Federal Court raises interesting issues relating to a claim for copyright infringement. The claim concerned photographs...

The fifth circumstance to be considered in determining whether trademarks or trade names are confusing is the degree of resemblance...