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Results: 1-10 of 576

Federal Court confirms that compelling evidence is needed to reject marks for falsely suggesting a connection with a living individual

  • Smart & Biggar/Fetherstonhaugh
  • -
  • Canada
  • -
  • August 26 2014

Paragraph 9(1)(k) of Canada's Trademarks Act prohibits a person from adopting a trademark consisting of, or so nearly resembling as to be likely to

When milk is not milk: Dairy Farmers of Canada v. Cytosport, Inc.

  • Field Law
  • -
  • Canada
  • -
  • August 25 2014

You can't get a trade-mark registration for a word that will deceive consumers. Put into legalese, section 12 of the Canadian Trade-marks Act says a

Ontario Court declares that bare trademark license agreement is not subject to franchise disclosure legislation

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • August 19 2014

A recent decision of the Ontario Superior Court of Justice found that a bare trademark license agreement was not subject to Ontario's franchise

Third party’s right to use official mark in a domain name upheld: BC Court of Appeal rejects ICBC’s claim of trade-mark infringement

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • August 4 2014

On July 22, 2014, the B.C. Court of Appeal dismissed the claim of B.C.'s provincial auto insurer, the Insurance Corporation of British Columbia

Major changes to Canada's trademark lawswhat every business needs to know

  • Dentons
  • -
  • Canada
  • -
  • August 1 2014

The Canadian government recently introduced a Bill which contained the most significant changes to Canada's trademark laws in modern history. Due to

Canadian businesses: on your mark! What you need to know now about the amendments to the Trademarks Act

  • Bereskin & Parr LLP
  • -
  • Canada
  • -
  • July 31 2014

Major amendments to the Trademarks Act, passed but not yet in force, bring both opportunities and risks to Canadian businesses. Currently, Canadian

Diminishing concerns over uncertainty of trademark registrations based on foreign registration and use after filing

  • Smart & Biggar/Fetherstonhaugh
  • -
  • Canada
  • -
  • July 30 2014

As noted in our previous IP Updates of February 15, 2013 and January 22, 2014, Canadian Federal Court's decision in Reitmans (Canada) Ltd v Thymes

Lack of foreign use at Canadian filing date not fatal to registered trade-marks

  • SIM. IP Practice
  • -
  • Canada
  • -
  • July 29 2014

On July 18, 2014, the Federal Court of Canada dismissed an application under section 57 of the Trade-marks Act(the “Act”) by Coors Brewing Company

Court grants motion for summary judgment, including solicitor and client costs for “willful blindness” in ongoing infringement

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • July 28 2014

This was a motion for summary judgment by the Plaintiff, who sought relief for trade-mark infringement, passing off, depreciation of goodwill, and

Appeal dismissed: no passing off, no violation of official mark provisions for incorporating acronym and official mark into domain names

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • July 28 2014

ICBC adopted a number of official marks, including the acronym “ICBC”. Stainton Ventures Ltd. (Stainton) operates a commercial website called