Confusion

July 19, 2019
dead end

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
Due care

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
Due care

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
Due care

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.