Trademark
A trademark is a word or logo used by one person to distinguish goods or services provided by that person from those provided by another. The interest protected by a trademark is the “goodwill” of the trademark owner and the consumer’s ability to rely on the mark to distinguish the source of goods or services.
November 16, 2023
Fed. Cir. No. 2021-2299, 2021-2338: This is the second time the Court of Appeals for the Federal Circuit has reversed a finding of infringement and sent the design patent back to lower courts.
September 28, 2023
Starting a business can be an exciting endeavour, but many early-stage entrepreneurs overlook the importance of IP in the success of a startup.
September 27, 2023
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
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.
February 9, 2023
2023 FCA 4: The prefix "pro" did little to make Puma's "procat" mark distinctive over Caterpillar's CAT & Triangle Design.
April 11, 2022
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
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
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
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
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
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?
June 4, 2020
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
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
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
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
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
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
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.
July 19, 2019
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 […]