PCK-Reporter

November 16, 2020
An orange backhoe on a construction site with mountains in the background.

Federal Court Finds Patent Obvious in Summary Judgment

2020 FC 997: In a summary judgement for patent impeachment, Canada's Federal Court found a patent for heating hydraulic booms to be invalid for obviousness.
November 9, 2020
Electricity powering a lightbulb on a black background.

Official Marks Not Immune to Infringement Claims

SCC 39144 : Supreme Court of Canada confirms an appellate ruling which found that, while official marks cannot eliminate rights under prior registrations.
November 2, 2020
Photograph of eyeglasses focusing on a computer screen displaying software code.

After Choueifaty: A New Test for Examining Software Inventions in Canada

Andrew Currier and Stephen Perry review best practices for drafting software patents to global standards and propose a new test for examining software inventions in Canada.
October 19, 2020
Headshot of CEO, Andrew T. Currier

PCK’s Andrew Currier Receives Entrepreneurial Achievement Award

Andrew T. Currier has been honoured by his alma mater, Kettering University, as this year's recipient of the Entrepreneurial Achievement Award.
September 23, 2020
Lines of programming code on a computer screen.

Federal Court Rejects CIPO’s “Problem-Solution” Approach to Claim Construction

2020 FC 837: A recent decision spells the end to the problem-solution approach, which has long been used to block patent applications for software.
September 10, 2020
Photo of a pair of shoes dangling off the edge of a building while lights shine on a bridge in the distance at night.

Identical Preambles: Limiting in One Patent, Not Another

Fed. Cir. 2019-1622: The CAFC found the same preamble created different limitations for different patents, limiting one patent but not the other.
September 3, 2020
Photo of a glass, maple-leaf-shaped bottle containing maple syrup.

Learning From Aunt Jemima: Abandoning Offensive Trademarks in Canada

With problematic brands like Aunt Jemima and Uncle Ben being dropped, how can brand owners prevent third parties from hijacking the discontinued marks?
August 20, 2020
Close-up photograph of a wooden judge's gavel.

Federal Court Can Now Interpret Contracts in Patent Ownership Disputes

Salt v Baker - In a unanimous decision, the Federal Court of Appeal confirmed the Federal Court’s jurisdiction to hear contractual disputes involving patents.
August 10, 2020
Macro photograph of a computer keyboard with black keys.

Infringer Uses Marking Requirement to Escape Pre-Suit Damages

Fed. Cir. 2019-2041 - The CAFC held that Packet Intelligence was precluded from claiming $3.5M in pre-suit damages because the marking requirement was not met.
July 7, 2020
Basketball player holding an orange basketball with a Nike swoosh logo in one hand

Hands Off! Nike Wins Battle Over Claw Logo Against Kawhi Leonard

An Oregon court ruled that Nike owns the Claw logo that includes a sketch of Leonard's hands that famously earned him the nickname “The Claw.”
June 18, 2020
Photograph of a red hockey net on the ice of an outdoor skating rink.

Federal Court Clarifies the Admissibility of Patent Prosecution History

In a patent infringement case between two major ice skate manufacturers, the Federal Court clarified s. 53.1 and the admissibility of prosecution history.
June 4, 2020
Hand in rubber glove holding a spray bottle of bleach

Federal Court of Appeal Confirms New Standard of Review in Trademark Appeals

The Federal Court of Appeal (“FCA”) has clarified how Vavilov's standard of review will apply to decisions made by the Trademarks Opposition Board (“TMOB”).
January 17, 2020
Photo of two jars of weed for sale in a cannabis store.

Beat the Weeds: File Your Cannabis Trademarks in Canada

Because of the status of cannabis and trademark laws in the US, brand owners are looking to Canada to register their cannabis trademarks.
January 2, 2020
A set of symbols or abuse on a cardboard plate in the hands of a young woman. Disagreement on the online forum or on the Internet.

How FUCT Overturned the US Ban on Immoral, Scandalous Trademarks

Nearly 30 years after founding the streetwear brand FUCT, Erik Brunetti finally convinced SCOTUS to end a ban on "immoral" or "scandalous" trademarks.
December 16, 2019
Photo of the Raptors NBA logo on the court of Scotiabank arena

Clawing Deeper into the Monster v. Raptors Trademark Battle

The Raptors are tipping off against Monster, who allege the Raptors trademark featuring a clawed-up basketball is confusingly similar to the Monster "M".
December 9, 2019
The word blockchain surrounded by symbols of bitcoin, finances, mobile devices, money, computer networks.

Patenting Blockchain Technologies

Is patenting blockchain possible? Do patents detract from the decentralization of blockchain? This article explains the ins and outs of blockchain patents.
December 5, 2019
Photo of PCK's Andrew Currier and Jillian Carter with youth participants and organizers at the IP workshop for Roots Community Services in Brampton Ontario

PCK Presents IP Workshop to Brampton Youth

PCK's Andrew Currier and Jillian Carter had the pleasure of presenting a workshop on intellectual property law for Roots Community Services in Brampton.
November 7, 2019
Pair of black and white Nike running shoes

Just Sue It: Nike Takes Skechers to Court For Copying Design Patents

Nike, Inc. v. Skechers U.S.A., Inc. – Nike claims that Skechers employs a “copying strategy” to sell “Skecherized versions” of Nike sneakers.
September 30, 2019
PCK associate, Damian Rolfe, accepts the J. Edward Maybee Memorial Award for achieving the highest overall score in the Canadian Patent Agents Qualifying Examination.

PCK’s Damian Rolfe Awarded Prize for Highest Overall Score in Patent Agents Exam

Damian Rolfe has been honoured with the J. Edward Maybee Memorial Award for achieving the highest overall standing in the Canadian patent agents exam.
September 27, 2017
Coleen Morrison

Room for doubt?

CIPO has provided some insight to efforts in advance of the implementation of changes to the Canadian trademark system. The actions are comforting even if the statistics suggest there may be cause for concern in respect of recent Examination quality.