Trademark

June 5, 2024

Interlocutory Injunction Granted in Outdoor Apparel Trademark Dispute

2024 BCSC 3: The Supreme Court of British Columbia recently granted an interlocutory injunction in a trademark dispute between Arc'teryx Equipment and adidas Canada.
September 27, 2023
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Navigating the 2024 Fee Increases for Canadian Patents and Trademarks

On January 1, 2024, the Canadian Intellectual Property Office (CIPO) will implement a 25% increase in most government fees for patents and trademarks.
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.
June 19, 2023
Photograph of an engineer working on a component for a telescope.

Three Factors for Protecting Canadian Innovation

Canadians are recognized as strong innovators and entrepreneurs, and yet we are also seen as laggards when it comes to protecting intellectual property (IP).
February 9, 2023
Side view of a gray housecat's head against a plain gray background.

FCA Upholds Refusal to Grant “procat” Trademark

2023 FCA 4: The prefix "pro" did little to make Puma's "procat" mark distinctive over Caterpillar's CAT & Triangle Design.
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.
December 18, 2020
Photograph of a man holding a passport with leather luggage on the ground at his feet.

Less Baggage: Trademark Registration Later Expunged Will Not Be Liable for Prior Damages

2020 FCA 210: Court held that parties are not entitled to damages or an accounting of profits following the expungement of an infringing trademark.
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.
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?
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”).
April 3, 2020
An empty boardroom.

COVID-19: Time Extensions for Patents & Trademarks in North America

In this article, we explain how the intellectual property offices in Canada and the United States are responding to the COVID-19 pandemic.
January 23, 2020
Photo of a judge's golden gavel in court.

How the Supreme Court’s New Standard of Review Will Impact IP

2019 SCC 65, 2019 SCC 66 - The new standard of review will be applied to decisions by the Patent Office, Trademark Office, PAB, and TTAB.
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".
August 16, 2019
A statue of Lady Justice.

US Supreme Court Lifts Ban on Profane Trademarks

SCOTUS, No. 18-302 (Iancu v Brunetti): In a recent decision, the US Supreme Court abolished the longstanding ban on registering vulgar and offensive words as trademarks.