OVERVIEW
Get the latest IP news with the IP Currents Bulletin and Privacy Law Bulletin featuring articles written by lawyers from our Intellectual Property Group.
2020
OCTOBER 21
SCC Leave Denied: Public Authorities - Not Immune to Trademark Infringement Claims
The Supreme Court of Canada has denied leave to appeal of the Ontario (Energy) v Quality Program Services Inc.1 Federal Court decision, thereby bringing finality to whether public authorities are immune to trademark infringement claims arising from use of their official marks.
Lawyers:
Areas & Expertise:
SEPTEMBER 29
Trademark Use: No Need for a "Bricks and Mortar" Presence in Canada
Use it or lose it" is a staple expression known to Canadian trademark lawyers. Once a business successfully registers a trademark in Canada, it must "use" its registered mark in Canada or it may lose the protections provided by the Trademarks Act (the "Act").
Lawyers:
Areas & Expertise:
AUGUST 11
Generic.com - Registrable in Canada?
The U.S. Supreme Court recently confirmed that a "generic.com" term may be eligible for federal trademark registration in the U.S., in certain circumstances. We will review the relevant decisions, discuss the Canadian legal framework with respect to registration of such mark and consider the implications of seeking registration of a "generic.com" or a "generic.ca" mark in Canada.
Lawyers:
Areas & Expertise:
JULY 20
Businesses Beware: Depreciation in Goodwill Claims Not Bound by Industry Lines
The Federal Court of Canada (the "FCTD") recently released Toys "R" Us (Canada) Ltd v Herbs "R" Us Wellness Society, in which it considered whether a cannabis company, Herbs "R" Us Wellness Society ("Herbs R Us"), had breached Sections 20, 7(b) and 22 of Canada's Trademarks Act (the "Act") with respect to claims of trademark infringement, passing off and depreciation of goodwill. This is an interesting case in its review and application of Section 22 of the Act. It provides further protection for trademark owners in Canada.
Lawyers:
Areas & Expertise:
JUNE 15
The Federal Court of Appeal Upholds Canada's Anti-Spam Legislation as Constitutional
On June 5, 2020, the Federal Court of Appeal released its decision in 3510395 Canada Inc. v. Attorney General of Canada et al., 2020 FCA 103, in which it upheld the constitutionality of Canada's anti-spam legislation.
Lawyers:
Areas & Expertise:
MARCH 31
Pandemics and Emergency Access to Patented Technology in Canada
Canada's COVID-19 Emergency Response Act came into force on March 25, 2020. Perhaps overlooked amongst emergency relief, health care and financial effects is Part 12 of the Act which makes changes to the Patent Act.
Lawyers:
Areas & Expertise:
2019
JULY 23
Understanding Trademarks Act Changes
Published in the July Issue of DM Magazine. Click Here to read the article.
Lawyers:
Areas & Expertise:
2018
JULY 06
Will There Be Trademark Trolls in Canada or Are They Already Here?
The Canadian Trademarks Act amendments, which are allegedly coming into force in early 2019, include the removal of the requirement that a trademark applicant declare that it has been using its trademark before it files the application or before registration in Canada...
Lawyers:
Areas & Expertise:
2017
AUGUST 02
Changing Canadian Trademark Laws – The Next Steps
As part of the implementation of various changes to Canadian Trademark Laws, the Federal Government of Canada released in June, 2017 the new proposed Trademark Regulations for public consultation...
Lawyers:
Areas & Expertise:
MARCH 23
Can You Sleep At Night – You Need To Know About Injunctions In Canada
The mattress business is a competitive one! Trade-marks in the mattress business are valuable!
Sleep Country Canada Inc. is a major mattress retailer in Canada. It is best known for its slogan "Why Buy a Mattress Anywhere Else?"...
Lawyers:
Areas & Expertise:
JANUARY 26
Industrial Design Protection In Canada: Changes Before The Office January, 2017
Industrial design registrations under the Industrial Design Act (the "Act") are similar to design patents in the US. They protect the features of a product that are visually appealing and not purely utilitarian. They can consist of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form, such as the design of a table or the shape of a computer monitor...
