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A recent decision of the Federal Court allowed the plaintiff claims for copyright infringement and passing off arising out of a dispute...

The Federal Court of Appeal has confirmed that it is not appropriate to set aside decisions made by Hearing Officers of the Trademarks...

The ability of a trademark owner to enforce its trademark rights on the Internet frequently depends on establishing jurisdiction. The...

A recent decision of the Quebec Court of Appeal illustrates the rather unexpected ways that the Trademarks Act can apply to comparative...

A recent decision of the General Court of the European Union raises interesting questions concerning sound marks and their...

A recent U.K. decision illustrates that the determination of whether two competing trademarks are confusing involves considerable...

A recent decision of the Federal Court raises interesting issues concerning the evidence required to succeed in a trademark opposition....

The concept of linking is fundamental to the Internet. Linking occurs when an image or reference on a website is selected, causing that...

A decision of the Federal Court deals with who is entitled to use and register a trademark/tradename. Norsteel Building Systems Ltd. v....

A decision of the U.K. High Court of Justice illustrates the long reach of the U.K. courts in a trademark context. Easy Group Limited v....

There have been numerous recent decisions in the U.K. and the E.U., relating to bad faith by an applicant for a trademark. In addition,...

A recent decision of the Federal Court has concluded that an online survey was not admissible in determining whether the parties’...

Search engine advertising is a multi-billion-dollar industry in the United States. The major search engine operators sell keywords to...

A metatag is a computer code included on a website that is invisible to an individual but which enables a search engine or a web browser...

Pop-up Advertisements Pop-up advertisements are used to catch consumer’s attention. A pop-up advertisement is a window not initiated by a...

A recent lawsuit filed against TikTok in the United States raises interesting issues concerning the rights of individuals providing...

The common law cause of action for passing off has a lengthy history. The claim has evolved to take into account changing commercial...

A recent decision of the English High Court provides additional insight into the meaning of “bad faith" in a trademark context and the...

A decision of the Federal Court illustrates important lessons concerning choosing a mark and trademark infringement.

A recent decision of the Federal Court dealt with entitlement to the trademark SMART CLOUD and its lack of inherent distinctiveness....