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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...

We previously mentioned the statutory factors. Now is the time to deal with them in more detail. Nature of the Trade The fourth...

Two decisions in the Federal Court illustrate the advantages and disadvantages of proceeding by way of application in the Federal Court....

Another battle concerning trademark use in the context of section 45 proceedings has occurred. The respondent spared no effort in...

A recent decision of the Federal Court illustrates the importance of having a clear understanding and a written agreement concerning who...

A decision of the Federal Court expunged the registration of a trademark under section 57 of the Trademarks Act based on the applicant’s...

We previously mentioned the statutory factors. Now is the time to deal with them in more detail. Duration of Use The second factor to be...

We previously mentioned the statutory factors. Now is the time to deal with them in more detail. Inherent Distinctiveness The first...

In this blog entry we deal with copyright developments in the last few months. Too Early to Draw an Adverse Inference Voltage Holdings,...

A recent decision of the Federal Court illustrates the importance of being the first to use a trademark. F.I.A.L. Finanziaria Industrie...

Patagonia, Inc. caused the Registrar to issue a notice under section 45 of the Trademarks Act, requiring the Labatt Brewing Company...

A decision of the Federal Court illustrates the impact of state of Register use in opposition proceedings. Mécanique de performance...

Wanakome Inc. (Wanakome) is a Canadian corporation and Kemel Hadad (Hadad) was the controlling shareholder. Wanakome applied in...

This month we are continuing to discuss the general approach to trademark confusion. We previously discussed the statutory factors set...

This month we are continuing to discuss the general approach to trademark confusion. In determining whether trademarks or trade names are...

It may not be a prudent course of action to institute an opposition that exposes the opponent’s problems to scrutiny.   D.M.C. SRL v....