Blog

2021 has again been a difficult year for trademark owners and their advisors. The pandemic has tested us all in profound and unexpected...

The emergence of social media sites such as Meta (formerly Facebook), Twitter and Instagram has materially affected brand owners. These...

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...

What are they? Search Engine Ranking refers to the process search engines use to determine where a particular piece of content should...

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

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...

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...

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