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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.

Once it is decided that it is necessary to take steps, there are numerous possible courses of action. However, care needs to be taken...

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

The decision of the English High Court of Justice raises some interesting issues concerning the ownership of copyright works created by...

A decision of the Federal Court illustrates the potential problems that can arise relating to the use of descriptive trademarks...

A decision of the English Court of Appeal allowed a claim for breach of confidence against the “new” employer who obtained possession of...

There have been a number of cases both in the courts and under the UDRP and CDRP involving parody sites or sites for critical commentary....

The sale of counterfeit goods is a significant worldwide issue. After initial studies carried out by the Organization for Economic...

The plaintiff (“Bentley Clothing”) is the owner and exclusive licensee of three trademarks consisting of the word BENTLEY registered for...

It can be difficult to determine what evidence to file to support the opposition. At an early stage, the issues may be difficult to...

2020 has been a difficult year for trademark owners and their advisors. The pandemic has tested us all in profound and unexpected ways....

A decision of the English High Court, [2020] EWHC 3032 recently released, shows how protection can be obtained for fashion goods....

A decision of the Federal Court of Appeal, released on December 9, 2020, Group III International Ltd. v. Travelway Group International...

A decision of the British Columbia Court of Appeal [2020] BCCA 323 raises concerns regarding trademark licensing. Basic Requirements To...

A decision of the UK Court of Appeal, [2020] EWCA Civ 1300 released in October clarifies the rights relating to breach of confidence and...

A recent decision of the Federal Court of Appeal [2020 FCA 134] has confirmed a trial decision [2018 FC 895] which considered the concept...

A recent decision of a Judge of the English High Court [2020] EWHC 713 provides a possible approach to the enforcement of trademark...

A recent decision of the Federal Court of Appeal clarifies when the use of a trademark by an affiliate of the trademark owner accrues to...