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.
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.
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.
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.