Confusion

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.
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?
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

Official Mark Status Not a Defence in Trademark Infringement Action

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

Federal Court Allows New Evidence Pursuant to Section 56 of Trade-marks Act, Allows Appeal

2018 FC 853 - The Federal Court allowed Swatch AG’s appeal of a decision of the Registrar of Trade-marks allowing Hudson Watch Inc’s opposition to Swatch’s registration of its “iSWATCH” mark.
November 28, 2017

CIRA Gives Notorious Cybersquatters the Heave-ho

CIRA 344 - CIRA granted Virox its request to have the domain virox.ca transferred from Nameshield to itself, based on the domain being confusingly similar to Virox’s trademarks, Nameshield having registered the domain in bad faith and Nameshield having no legitimate interest in the domain.
November 21, 2017

Federal Court of Appeal rummages for the truth in Swiss luggage trademarks decision

2017 FCA 215 - The FCA found that trademarks owned by Travelway were confusingly similar to, and passing off on, trademarks owned by Wenger. The FCA's finding reversed a prior decision of the FC.