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Positive steps: portions of Canada’s Combating Counterfeit Products Act come into force

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • December 12 2014

Bill C-8, the Combating Counterfeit Products Act (the "CCPA"), received Royal Assent on December 9th, 2014. The CCPA creates new civil and criminal

Ontario’s franchise legislation declared inapplicable to a single trademark license

  • Cassels Brock & Blackwell LLP
  • -
  • Canada
  • -
  • October 8 2014

The Superior Court of Justice has recently become the first court in Ontario to address the question of whether the Arthur Wishart Act (Franchise

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

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

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

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”

Lion’s roar caged! Certain sounds can now be trade-marked

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

The Canadian Intellectual Property Office (“CIPO”) announced in a Practice Notice dated March 28, 2012, that, effective immediately, it would accept applications for the registration of sound trade-marks

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