We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 104

Breach before the Registrar of Trademarks can be cured by a proceeding in Court

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 1 2015

The Court of Appeal noted that the first issue to be considered was whether a breach of natural justice that may have occurred before the Registrar

Questions ordered to be answered on appeal, and no decision on bifurcation until after plaintiff makes election of damages or profits

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 6 2015

This is a trademark case regarding the Plaintiff’s YELLOW TAIL & KANGAROO DESIGN. Constellation Brands brought two interlocutory motions before the

BBM Canada v. Research in Motion Limited

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • May 16 2011

This was an appeal from a decision that found a claim relating to trade-mark infringement, depreciation of goodwill and passing off may not be brought as an application in the Federal Court

Use of trademarks in metatags found not to be copyright or trademark infringement

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 11 2015

The Plaintiff has three registered trademarks: “redtag.ca”, “redtag.ca vacations”, and “Shop. Compare. Payless!! Guaranteed”. The Defendant company

Registrar’s decision refusing to register LIGHTRECYCLE & DESIGN unreasonable, but the proposed mark was still found to be clearly descriptive

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 25 2015

Product Care Association had applied to register a proposed trademark for LIGHTRECYCLE & DESIGN. The examiner found this was “clearly descriptive”

Intellectual property weekly abstracts bulletin

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • August 19 2013

The Ontario Superior Court has refused to issue an injunction against the use of the registered trade-mark “mint smoothie” for a chocolate confection

Motion to set aside ex parte default judgment dismissed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • August 20 2012

In January, the Federal Court granted default judgment to the Plaintiffs in an action for, inter alia, trade-mark infringement and passing off

Appeal relating to cross-examination of affidavits filed before TMOB dismissed

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 12 2012

The Trade-marks Opposition Board (TMOB) allowed in part the application of The Devil’s Martini to register the trade-mark THE DEVIL’S MARTINI in respect of specific goods

Registered word mark LA PIZZAIOLLE found to be confusing with proposed PIZZAIOLO and design mark

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 11 2015

The Applicant had opposed the registration of two marks, PIZZAIOLO and Design and PIZZAIOLO. The Registrar had refused the word mark and allowed the

Appeal of TMOB rejection of opposition to trade-mark dismissed by federal court

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • January 9 2013

In this case, CEG appealed the TMOB’s rejection of its opposition to the trade-mark “LOCAL”. The Court found no significant use of the marks by CEG so as