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Use of trademarks in metatags found not to be copyright or trademark infringement
  • Borden Ladner Gervais LLP
  • Canada
  • March 11 2015

The Plaintiff has three registered trademarks: “redtag.ca”, “redtag.ca vacations”, and “Shop. Compare. Payless!! Guaranteed”. The Defendant company


Domain name scams: can you ignore the email you received about a company applying to register your mark as a domain name? Generally yes!
  • Bereskin & Parr LLP
  • Canada, Global
  • June 20 2016

In recent years, we have received countless enquiries from clients worried about an email they received about a company trying to register their mark


Evolving law of trade dress in a digital world
  • McCarthy Tétrault LLP
  • Canada
  • May 23 2014

In an increasingly crowded market, businesses are investing heavily into unique customer experiences to boost brand identity and loyalty. As expected


Temporarily Confused: Exploring Initial Interest Confusion
  • Bereskin & Parr LLP
  • Canada
  • June 9 2016

Last year, Canadian Courts rendered two decisions discussing the doctrine of initial interest confusion. The doctrine originated in U.S. trademark law


The art of concealment: use of a competitor’s trade marks in metatags held not to amount to copyright or trade mark infringement in Canada
  • King & Wood Mallesons
  • Australia, Canada
  • April 8 2015

The Federal Court of Canada recently handed down a decision which squarely examines whether the use of metatags can constitute copyright or trade


Give your franchise agreement a facelift - Part 2
  • Sotos LLP
  • Canada
  • March 29 2016

As markets change, franchisors must consider the impact on their brand offering and their strategy to stay relevant. If there is a business case for


Beware of increasing use of confusing domain names for brand impersonation and fraud
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • June 8 2015

The recent .CA domain name arbitration decision in Fluor Corporation v Fluor Curling, CDRP Dispute No. 0281,highlights the growing problem of


Use of trademarks as metadata & hashtags in Canada
  • Fasken Martineau DuMoulin LLP
  • Canada
  • June 8 2015

Just as social media platforms may vie for omnipresence in our lives, digital and otherwise, businesses may vie for market share on these social


No copyright and trade-mark rights in most metatags
  • Norton Rose Fulbright Canada LLP
  • Canada
  • March 12 2015

This case is the most recent in a small line of cases concerning the intellectual property implications, or lack thereof, in using website metatags


New Tools for IP Owners to Enforce Rights Against Internet Infringers
  • Fasken Martineau DuMoulin LLP
  • Canada
  • April 18 2016

Two recent appeal-level decisions, one by the British Columbia Court of Appeal, the other by the Federal Court of Appeal, have created powerful new