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Trade-marks and product placement: the use of branded products in film and television productions

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • February 2 2011

In the last issue of the The Cassels Brock Report, I addressed the issue of trade-mark rights in titles as the first in a series of articles on trade-marks in the film and television industries

Trade-mark genericism

  • Cassels Brock & Blackwell LLP
  • -
  • Canada, USA
  • -
  • September 21 2011

A recent decision of the US Trademark Trial and Appeal Board (“TTAB”) made interesting comments concerning whether the trade-mark applied for was generic

The glamorous world of trade-marks

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • May 25 2011

A recent decision of the Canadian Trade-marks Opposition Board raised some novel issues surrounding the types of evidence required to be filed and the categories of wares that might raise a likelihood of confusion

A sound decision: CIPO announces that it will accept applications for the registration of sound marks

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • March 29 2012

On March 28th 2012, the Canadian Intellectual Property Office (“CIPO”) issued a Practice Notice announcing that, effective immediately, it will accept applications for the registration of sound marks

The importance of searching for common law trade-marks

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • July 10 2012

A recent decision of the Federal Court emphasizes the importance of carrying out a full trade-mark search that includes common law references before making decisions concerning the availability of a trade-mark

What’s in a name? A rose by any other name would smell as sweet

  • Cassels Brock & Blackwell LLP
  • -
  • Canada, United Kingdom
  • -
  • July 29 2010

A recent decision of the Court of Appeal for England and Wales has provided some interesting comments concerning the use of a competitor's trade marks in comparative price lists

How not to treat a trade-mark

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • July 29 2010

A recent decision of the Federal Court illustrates the problems that can occur concerning trade-marks when the individuals involved do not understand how trade-marks work and the relevant legal requirements

The importance of the date of first use

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • September 28 2010

A recent decision of the Trade-marks Opposition Board emphasizes the importance of accurately specifying the date of first use in a trade mark application

The SPIRIT OF CUBA

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • September 28 2010

A recent decision of the Federal Court affirmed a finding of the Trade-marks Opposition Board that the trade mark THE SPIRIT OF CUBA was not registrable in association with rum but was registrable in association with non-alcoholic beverages and the services relating to the retail sale of alcoholic beverages

Bathroom tissue must be in view to be distinctive

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • September 28 2010

In Scott Paper Limited v. Georgia-Pacific Consumer Products LP, the Federal Court of Canada set aside a decision of the Trade-marks Opposition Board and allowed a trade-mark application for registration of a trade-mark design used on bathroom tissue