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Descriptive trade marks are demanding
- Goldman Sloan Nash & Haber LLP
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- Canada
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- January 30 2013
A recent case in the United Kingdom illustrates the problems associated with a descriptive trade mark. The plaintiffs were members of a substantial
Getting your handle on Twitter, channelling YouTube, and what about Facebook?
- Bereskin & Parr LLP
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- Canada
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- December 18 2012
With over 1 billion Facebook users, half a billion Twitter users and hundreds of millions of YouTube users, the popularity of social media has created
You're getting sued for what? An E&O odyssey (Pt 9)
- Heenan Blaikie LLP
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- Canada, USA
- -
- October 30 2012
This post is part of an occasional series highlighting the type of risks which film and TV producers face and which are supposed to be covered by E&O insurance
Doing business in Canada
- Gowling Lafleur Henderson LLP
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- Canada
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- September 17 2012
Unlike the United States, Canada was not created by a unilateral declaration of independence from the colonial occupation of England
Court orders yellow marketing group to pay $9 million in penalties
- Gowling Lafleur Henderson LLP
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- Canada
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- August 9 2012
On March 1, 2012, the Ontario Superior Court of Justice found that five companies and three individuals (collectively the Yellow Marketing Group) had made misleading representations to the public in contravention of the federal Competition Act and ordered them to pay over $9 million in administrative monetary penalties (AMPs), the highest ever awarded in contested proceedings regarding false or misleading representations in Canada
Energy wasted defending disparaged Direct Energy’s claims of Trade-mark and Competition Act breaches
- Norton Rose Canada LLP
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- Canada
- -
- July 26 2012
A recent decision from the Ontario Superior Court of Justice highlights the risks associated with a comparative advertising campaign
Depicting trade-marks in artistic works: University of Alabama vs New Life Art
- Heenan Blaikie LLP
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- Canada, USA
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- July 3 2012
Although a decision from the US 11th Circuit Court of Appeals has limited precedential value in Canadian courts, the decision in University of Alabama vs New Life Art, Inc. (filed June 11, 2012) (hat tip: Hollywood, Esq.) is useful for Canadian entertainment lawyers because it indicates the analytical framework which courts use in assessing whether infringement has occurred when a trade-mark is incorporated into an artistic work
RIM prevails in BBM trade-mark dispute
- SIM. IP Practice
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- Canada
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- June 14 2012
This proceeding against RIM for trademark infringement and depreciation of BBM Canada’s registered marks was brought by way of application rather than by way of action
Coping with social media
- Cassels Brock & Blackwell LLP
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- Canada
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- April 26 2012
The emergence of social media sites such as Facebook and Twitter has materially affected brand owners
The lion roars but can it be trade-marked?
- McCarthy Tétrault LLP
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- Canada
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- April 2 2012
As followers of the Canadian trade-marks scene will almost certainly have learned, last week Metro-Goldwyn-Mayer succeeded in a long-running battle with the Canadian Intellectual Property Office in getting a trade-mark registration for its longstanding “roaring lion” sound mark
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