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Federal Court affirms legality of trade-marking colour as applied to objects

Smart & Biggar/Fetherstonhaugh
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Canada
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June 13 2013

A June 6, 2013, decision of the Federal Court has reinforced the Court's position regarding trade-marks comprised of colour applied to the visible

Intellectual property weekly abstracts bulletin

Borden Ladner Gervais LLP
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Canada
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June 10 2013

In November, the Supreme Court issued its decision in the sildenafil case, and, as part of its order, found the patent to be invalid. As this case was

Passing off and the Trade-Marks Act

Goldman Sloan Nash & Haber LLP
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Canada
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June 10 2013

The Trade-marks Act contains a statutory codification of the common law claim for passing off. The Act provides that no person shall: 7(b) direct

Canadian trade-mark rights arising from foreign-based website content

Goldman Sloan Nash & Haber LLP
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Canada
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June 6 2013

It is becoming increasingly important to consider whether trade-mark rights are acquired in Canada as a result of web-based advertising on

Presto: a roadmap for initial interest confusion

Goldman Sloan Nash & Haber LLP
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Canada
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June 4 2013

A recent decision of the Federal Court of Appeal provides a road map for carrying out a confusion analysis and also supports the application of an

A difference in approach

Goldman Sloan Nash & Haber LLP
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Canada
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June 4 2013

In a recent decision of the Federal Court a judge strongly differed with the decision that the Trade-Mark Opposition Board arrived at. The Facts San

Pouring warm beer on your descriptive trade-mark

Stewart McKelvey
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Canada
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May 23 2013

A series of Canadian beer cases shows the challenge of determining whether a trade-mark is too descriptive to be registered. Trade-marks cannot be

Trade-mark oppositions: when “close” becomes “too close” (Part 2)

Field Law LLP
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Canada
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May 13 2013

There was considerable interest in our earlier post (Trade-mark Oppositions: When "Close" becomes "Too Close") which reviewed the competing marks

Reynolds Presto Products Inc. v. P.R.S. Mediterranean Ltd., 2013 FCA 119

Borden Ladner Gervais LLP
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Canada
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May 8 2013

The Court of Appeal has overturned a lower court decision and struck the mark NEOWEB from the register because it is confusing with the earlier

Ontario Court of Appeal provides guidance on the definition of "franchisor’s associate"

McCarthy Tétrault LLP
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Canada
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May 6 2013

A recent decision of the Court of Appeal for Ontario (ONCA) helps define the concept of "control," as it relates to the definition of a "franchisor's

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Search results

Federal Court affirms legality of trade-marking colour as applied to objects

Intellectual property weekly abstracts bulletin

Passing off and the Trade-Marks Act

Canadian trade-mark rights arising from foreign-based website content

Presto: a roadmap for initial interest confusion

A difference in approach

Pouring warm beer on your descriptive trade-mark

Trade-mark oppositions: when “close” becomes “too close” (Part 2)

Reynolds Presto Products Inc. v. P.R.S. Mediterranean Ltd., 2013 FCA 119

Ontario Court of Appeal provides guidance on the definition of "franchisor’s associate"

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