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Generative Artificial Intelligence The US Copyright Office released a Report on Copyright and Artificial Intelligence Part 3: Generative...

The Requirement to Show Use To succeed in action for infringement relying on section 19 or 20 of the Act, the plaintiff must show that...

This month we are continuing the discussion about infringement. There is an additional statutory right to claims under sections 19 and 20...

As stated in a recent decision of the Federal Court, when is a TOYOTA bumper no longer a TOYOTA brand product? According to the...

A recent decision of the U.K. Court of Appeal raises interesting issues concerning industrial design registrations. Safestand Ltd v...

The Background  Often in response to an opposition the applicant causes a separate proceeding(s) to be brought under section 45 of the...

A recent decision of the Trademark Opposition Board illustrates how a brand owner can use opposition proceedings to protect the...

This month we are dealing with a new topic-infringement. There are two sections in the Trade-marks Act  dealing with this topic. First,...

This month we discuss the standard of review on these appeals.  The Supreme Court of Canada has specified a new framework for determining...

A decision of the Federal Court emphasizes the importance of clinical precision in asserting a claim for copyright infringement. ITP SA...

Recent decisions in the Federal Court deal with the scope of the implied undertaking rule. The Rule  The basic rule is that where a party...

In this blog entry we deal with copyright developments in the last few months. Online News Act After the completion of a public...

An appeal lies from a decision of the Hearing Officer on behalf of the Registrar to the Federal Court within two months from the date on...

This month we outline   the procedures for resolving trademark oppositions including written argument, hearing, decision, and costs....

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...