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Results: 1-10 of 392

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

Application for a registration based on proposed use, then amended on basis of prior registration in USA, not a ground for expungement

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

Coors has argued that a recent decision of the Federal Court (TheThymes, LLC v Reitmans Canada Limited, 2013 FC 127) means Anheuser could not apply

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

Expungement and permanent injunction ordered in respect of the trade-mark THE ATHLETIC CLUB & DESIGN

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

The Ottawa Athletic Club (“OAC”) brought an application under s. 57 of the Trade-marks Act (the “Act”) to expunge the trade-mark THE ATHLETIC CLUB &

Intellectual property weekly abstracts bulletin Week of July 21

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • July 23 2014

The applicant for the registration of the trade-mark JACK BLACK has won before the Federal Court. The application is for wares relating to personal

Order of prohibition overturned on appeal

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 16 2014

The issue to be determined by the Court of Appeal related to whether the allegation of lack of utility was justified. The Court of Appeal began by

TMOB erred in not finding “direct or indirect control of the character or quality of the mark's use”

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 16 2014

The Trade-marks Opposition Board (TMOB) previously refused to register Cathay Pacific’s application to register five marks, including Asia MILES. The

Nominal damages awarded for infringement when no evidence of damages is provided

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 16 2014

Default judgement was awarded against a defendant for trade-mark infringement. The defendant was served but never participated in the proceeding

Clinical studies exempted from public use in allegation of anticipation

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 10 2014

His is an application pursuant to the Patented Medicines (Notice of Compliance) Regulations. The Court began by noting that it had issued an Order of

Joint ownership in copyright ordered on basis of a memorandum assigning rights

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • June 10 2014

The applicant moved under subsection 57(4) of the Copyright Act to correct the name of the holder of three copyright certificates, by naming the