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Results: 1-10 of 33

Using Wayback Machine evidence

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • October 15 2012

A recent decision of the Trade-mark Opposition Board (“the Opposition Board”) has confirmed the admissibility of evidence obtained by using the Wayback Machine

No-name package causes confusion in the dark

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • October 15 2012

The Federal Court of Appeal in Canada recently held that a no-name cigarette package depicting registered design trade-marks, but no word mark, was confusingly similar to the word mark MARLBORO which was registered for use in association with cigarettes

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

The Federal Court of Appeal clarifies the approach to be taken concerning trade-mark licences in section 45 proceedings

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

A recent decision of the Federal Court of Appeal reverses the decision of the Federal Court and may ease the burden on a trade-mark owner in showing that use of a trade-mark under a licence of a trade-mark in Canada satisfies the requirements of the Trade-marks Act

Retail business services?

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • April 26 2012

A recent decision considered whether a trade-mark owner was able to show it had used its registered mark in association with the operation of a retail business in response to a notice under section 45 of the Trade-marks Act

Federal Court holds that intellectual property rights do not automatically transfer in an asset sale

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • February 8 2012

The Federal Court Trial Division recently held that intellectual property rights do not automatically transfer in an asset sale

MARCHÉ EXPRESS

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • February 2 2012

A judge of the Federal Court recently refused to interfere with a decision made by the Trade-mark Opposition Board (the “Board”

A trade-mark registration for trade dress

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • February 2 2012

A recent decision of the Federal Court involved an interesting claim for infringement of a trade-mark registration relating to a three dimensional trade dress representation of the interior of a restaurant

Trade-mark licences and controlled corporations

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • November 17 2011

A recent decision of the Federal Court shows the importance of making sure that any licence of a trade-mark in Canada satisfies the requirements of the Trade-marks Act

A matter of deference

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • November 17 2011

A recent decision of the Federal Court illustrates that there are uncertainties associated with opposition proceedings and subsequent appeals