Blog

The impact of the special circumstances exception in section 45 proceedings where there has been a change in the ownership of the mark...

The Federal Court of Appeal has recently considered the doctrine of abuse of process in relation to a claim for patent infringement. The...

A decision of the Federal Court considers the impact of the special circumstances exception in section 45 proceedings in cases where...

In January we discussed the grounds for attacking the registration of a registered trademark in the Federal Court. This month we are...

Last month we discussed the grounds for attacking the registration of a registered trademark in the Federal Court. This month we are...

2023 has again been a difficult year for trademark owners and their advisors. Hopefully the impact of the pandemic is behind us, but we...

It has again been a busy year in the copyright world with important legislative changes and numerous decisions from the courts to...

A decision of the U.K. C.A. supports the position that copyright subsists in a graphic user interface (“GUI) produced by a computer...

A decision of the General Court of the European Union is of interest concerning the prohibition in the Canadian Trademarks Act relating...

The Facts The Applicant filed a trademark application to register the mark TRIBAL CHOCOLATE, for use in association hair care...

Section 18 of the Trademarks Act provides that the registration of the trademark is invalid if: a) the trademark was not registrable at...

Using a trademark notice is permissive but prudent. A brand owner should use the notification™ or the French equivalent MC to identify...

A battle for control of the trademark DIEGO MARADONA has been shaping up. Maradona was a famous soccer player. In July of 2001 he applied...

A recent decision of the UK High Court of Justice deals with the scope of protection to be given to a registered trademark used in a...

2572495 Ontario Inc., carrying on business as Vacuum Parts Canada (VPC), sought an interlocutory injunction to stop the defendants from...

The Federal Court of Appeal has made it more difficult to assert rights against defendants alleged to have made copies of the films...

In this blog entry we deal with copyright developments in the last few months. The Online Streaming Act. The Government (Department of...

Subject to the right to descriptive use under section 20 of the Trademarks Act and other more limited restrictions, the registration of a...

This month we are discussing the process for obtaining a registration and problems with the system. Under the current Trademarks Act when...

A decision of the Federal Court has dismissed an appeal from a decision of the Trademark Opposition Broad. (Spirit Bear Coffee Company...