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 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.
September 27, 2017
Coleen Morrison

Room for doubt?

CIPO has provided some insight to efforts in advance of the implementation of changes to the Canadian trademark system. The actions are comforting even if the statistics suggest there may be cause for concern in respect of recent Examination quality.
June 20, 2017

FC Finds Torque Anchor Patents Invalid or Not Infringed and Violation of Section 7(a) of Trade-marks Act

2016 FC 1279 - The FC found that API violated section 7(a) of the Trade-marks Act by making false or misleading statements tending to discredit the business, goods, or services of Excalibre, when it sent cease and desist letters to some of Excalibre’s customers.
March 21, 2017

Ontario Superior Court Finds Grey Marketing Settlement Agreements Not Void for Restraint of Trade

2016 ONSC 7201 - The ONSC found Bemco to be in breach of its settlement agreement with Mars, and found Mars entitled to summary judgment. The settlement agreement was in relation to Bemco grey marketing Mars' goods.
September 28, 2015

Reputation Management

A well-organized Reputation Management Plan is now a required tool in any corporation’s communication portfolio. Here are a few ideas that should go into your Reputation Management Plan.
September 22, 2015

Crafting a Suitable IP Strategy – Tips from the Pros!

Many startups are basing their business plans and valuations on their innovation; patents and industrial designs can be the most valuable asset of the company. One of the best strategies to secure protection for your innovation involves the filing of a self-written provisional patent application. On October 21, beginning at 5 p.m., PCK will be providing a hands-on session in which founders can learn the basics of patents from Andrew Currier.
May 26, 2015

Interlocutory Injunction Upheld by FCA in Trade-mark Infringement Case

Jamieson Laboratories Ltd v Reckitt Benckiser LLC, 2015 FCA 104 - The FCA upheld an interlocutory injunction preventing Jamieson Laboratories Ltd. from selling its omega-3 fatty acid supplements under the name “OMEGARED”. The injunction was awarded largely because of the finding that Jamieson had strategically rebranded its product line from “Super Krill” To “Omega Red” in order to frustrate the entrance of Reckitt’s “MEGARED” product line into the Canadian market.
January 27, 2015

TMOB Removes Investment Advice from Atticus’s List of Services

Atticus Canada Inc v Atticus Management LLC, 2014 TMOB 196 - Evidence of trade-mark use consisting of copies of license agreements allowing Atticus Capital LP to use the Mark was taken to demonstrate use in association with financial services generally, but not in association with investment advice.
December 23, 2014

Bill C-8 Expands Counterfeit Goods Enforcement and Reworks the Trade-marks Act

Bill C-8 is said to broaden the enforcement measures available to protect copyright and trade-mark rights and to curtail commercial activity in counterfeit goods, and is said to expand the scope of what can be registered as a trade-mark and modernizes the trade-mark application and opposition process. Several definitional changes are also made to key terms in the Trade-marks Act.
November 7, 2013

Twitter SEC Filing Reveals Issues Faced by all High-Tech Companies

SEC Filing Background Twitter’s SEC filing for their initial public offering (IPO) were recently released. Within the filing there are several interesting issues related to their […]
October 31, 2013

Bill C-8 – Important Changes to the Trade-Mark Act

Background The Federal Government has recently tabled Bill C-8 entitled An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments […]
March 1, 2013

The Government Has Tabled Bill C-56, Combating Counterfeit Products Act

Today Ministers of Industry and Public Safety tabled Bill C-56, Combating Counterfeit Products Act. According to its summary, Bill C-56 amends the Copyright Act and the […]