Confusion
November 9, 2020
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
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
2019 FCA 63 - FCA confirms long standing test for admission of new evidence in judicial review of TMOB decision.
February 28, 2019
2018 FC 971 – FC confirms that government marks are subject to infringement actions
December 6, 2018
2018 FC 951 – The FC reiterates that trademarks will not be registered if they are likely to confuse consumers.
September 11, 2018
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 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
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.