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Results: 1-10 of 32

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

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

Continuous use required

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

A recent decision of the Trade-marks Opposition Board upheld an opposition on the basis that the applicant had not used the applied-for mark since the date set out in the trade-mark application

24 du 24?

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

A recent decision of the Trade-marks Opposition Board dealt with the trade-mark “24 du 24” proposed to be used in association with alcoholic brewery beverages, signs, banners, posters and packaging for beverages, namely containers for bottles or cans of beer by Labatt Breweries of Canada (“Labatt”), which was opposed by Molson Canada 2005 (“Molson”

Coping with social media

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

The emergence of social media sites such as Facebook and Twitter has materially affected brand owners

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

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

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