Confusion

July 13, 2023
Glass of whiskey being poured over ice in a cocktail glass.

U.S. Supreme Court’s Ruff Take on a Trademark Parody

US Supreme Court, No. 22-148: Parodies are generally immune from trademark infringement, but how much can you spoof? Jack Daniels hounded a dog toy company for making a copycat toy.
April 20, 2022
Photograph of a doctor holding out small white pills

Data Protections Once Again Prevent Médunik From Launching Pediatric Drug

The Federal Court disagreed with Health Canada's interpretation of data protection regulations, once again reversing approval of pediatric drug RUZURGI.
April 11, 2022
Photograph of a beer tap in a bar showing the brewer's trademark on the label.

Cowbells Brewing Taps Out: Ontario Brewer Denied Rights to Bell Trademark

New trademark registrations can be opposed by business owners who are concerned that the mark would cause confusion with their own registered trademark.
December 29, 2021
Photograph of the "ZARA" trademark in a sign above a Zara storefront.

Trademark Opposition by Fashion Giant ZARA Remitted to Federal Court

The Federal Court of Appeal held that the trial judge cannot intervene in a trademark opposition decision in the absence of any errors by the Board.
November 3, 2021
A woman sits on a pink suitcase in an airport.

Supreme Court Refuses to Hear Appeal in Luggage Trademark Dispute

SCC #39576: Earlier this year, Travelway filed for leave to appeal with the Supreme Court of Canada over a trademark dispute with Wenger, the makers of Swiss Gear.
October 18, 2021
Photo of a yellow Caterpillar-brand bulldozer against a snowy backdrop.

Caterpillar Scratches Back: Puma Loses Bid to Register ‘procat’ Mark

2021 FC 974: The Federal Court concluded that Puma’s use of procat would likely cause confusion with heavy equipment manufacturer Caterpillar Inc.’s ‘CAT’ trademark.
July 19, 2019
Online shopping, keyboard

Ontario Court Backs American Decision to Penalize Online Counterfeiter

Dead End Survival, LLC v  Marhasin (2019 ONSC 3453) In the era of online shopping, it is easier than ever for counterfeiters to distribute fake consumer […]
June 18, 2019

Raptors Win but Trademark still under Claw

The Raptors may have won the NBA championship but they still have a court battle ahead, this time against popular energy drink Monster Energy.
April 9, 2019

FCA Confirms Test To Admit New Evidence on Appeal From TMOB

2019 FCA 63 - FCA confirms long standing test for admission of new evidence in judicial review of TMOB decision.
February 28, 2019
Ontario flag pictured against a blue sky

Official Mark Status Not a Defence in Trademark Infringement Action

2018 FC 971 – FC confirms that government marks are subject to infringement actions
December 11, 2018

CAFC Confirms That Surnames May Be Registered as Trademarks If They Acquired Distinctiveness

Fed. Cir. 2017-1468 – The United States Court of Appeals for the Federal Circuit confirms that surname may be registered as trademark as it acquired distinctiveness.
December 6, 2018

FC Upholds Registrar’s Decision Refusing Confusing Trademark Registration

2018 FC 951 – The FC reiterates that trademarks will not be registered if they are likely to confuse consumers.