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A Clearly Descriptive Engineering Trademark 27 Aug 2013 | 04:15 am
In the recent case of Continental Teves AG & Co v. Canadian Council of Professional Engineers, the Federal Court of Canada dismissed an appeal of the Trade-mark Opposition Board’s refusal to register ...
Trademark Evidentiary Issues / Colour as a Trademark 14 Aug 2013 | 04:01 am
JTI Macdonald TM Corp. v. Imperial Tobacco Products Limited, a recent decision of the Federal Court, includes interesting findings regarding the introduction of additional evidence on appeals, colour ...
A Professional Designation Can Be A Certification Mark: Canada’s Federal Court 20 Jul 2013 | 03:48 am
In a decision rendered earlier this year, Ontario Dental Assistants Association v. Canadian Dental Association, the Federal Court of Canada held that a professional designation could function as a cer...
Trademark Interlocutory Injunction Denied 13 Jul 2013 | 04:39 am
A recent decision of the Saskatchewan Court of Appeal, setting aside the interlocutory injunction granted by the Chambers judge, illustrates how difficult it is to obtain an interlocutory injunction a...
Declaring Control in Expungement Proceedings 11 Jun 2013 | 01:26 am
In De Grandpré Chait v. Mead Products LLC, the Trademarks Opposition Board (the “Board”) maintained the registration for YEAR-IN-A-BOX (the “Mark”), which is registered for use in association with cal...
Injunction for Trademark Infringement: Québec 4 Jun 2013 | 10:57 pm
In Solutions Abilis Inc. v. Groupe Alithis Inc., the Québec Superior Court granted the plaintiff an interlocutory injunction precluding the defendant from using ALITHIS as part of its corporate name o...
Punitive Damages: Trademark and Copyright Infringement 17 May 2013 | 04:15 am
The most recent case from the Federal Court continues the Court’s tough stance with respect to trademark and copyright infringement in Canada. In Harley-Davidson Motor Co. Group LLC v. Manoukian, th....
No Trademark Monopoly: Red Horse / Black Horse 11 May 2013 | 04:32 am
In January 2013 the Federal Court considered whether an ordinary beer drinking consumer, on hearing the words RED HORSE, would likely think that RED HORSE must be a beer made by the same company that ...
An Interplay of Canadian Official Marks and Canadian Trademarks 29 Mar 2013 | 04:21 am
A February 2010 blog, “Professional Designations and Abbreviations, Acronyms and Initials” discussed the summary judgment and permanent injunction obtained by the College of Traditional Chinese Medici...
Significant Amendments to Canada’s Trade-marks Act Closer To Reality 2 Mar 2013 | 11:19 pm
Canada’s federal Government introduced Bill C-56 on March 1, 2013 – the Combating Counterfeit Products Act. The primary focus of this Bill is to improve the ability of copyright and trade-mark owner...
