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Results: 1-10 of 551

Decision to Expunge Based on No Use for Services Upheld on Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • February 10 2016

This was an appeal of a decision of a Hearing Officer of the Trademarks Opposition Board in response to a section 45 notice. This notice requires the


FCA Upholds Decision Striking Trademark from the Register
  • Borden Ladner Gervais LLP
  • Canada
  • February 10 2016

In the Federal Court, TLG brought a proceeding to expunge Product Source's trademark registration for NIC OUT (FC decision here, summary here). The


Motion to Remove Law Firm for Conflict of Interest Dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • February 10 2016

This was a motion to remove Smart & BiggarFetherstonhaugh LLP as solicitors of record for the Defendants. One of the Plaintiffs alleged that he


Application to vary the ownership of patent granted where assignor inadvertently assigned rights to Gray Automotive Products, Inc., as opposed to Gray Automotive Products Co.
  • Borden Ladner Gervais LLP
  • Canada
  • February 4 2016

The Federal Court granted an application under section 52 of the Patent Act to vary all entries of the Patent Office relating to the ownership of


FCA Finds Issue Estoppel does Apply to Judicial Reviews of Copyright Tariffs; Holds Preliminary Questions Decided Pursuant to Rule 222(1)(a) Must be Questions of Law
  • Borden Ladner Gervais LLP
  • Canada
  • February 4 2016

Rogers, Telus, Bell and Quebecor Media (the Corporations) started an action seeking to recover certain monies paid pursuant to Tariff 24 in relation


Prothonotary's Refusal to Strike Allegations Seeking to Deny Plaintiff's Legal Remedy Was Not Vital to Final Issues
  • Borden Ladner Gervais LLP
  • Canada
  • January 27 2016

The Federal Court (FC) dismissed the Plaintiffs' appeal from the Prothonotary's Order dismissing Alcon's motion to strike certain paragraphs from the


Standard of Review of Palpable and Overriding Error Not Applied in Appeal from Rule 51 Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • January 27 2016

This is an appeal from the Federal Court's (FC) decision (2015 FC 797), which upheld the Prothonotary's decision allowing the generic Respondent's


Court of appeal applies stare decisis and expunges registration for OCEAN PARK under s. 12(1)(b) and ss. 18(1)(a) and (b)
  • Borden Ladner Gervais LLP
  • Canada
  • January 20 2016

By way of Summary Trial, the Federal Court (FC) refused to strike the Defendant's trademark OCEAN PARK from the register on the grounds that it was


Appeal dismissed; use of trademarks in metatags in this case found not to be copyright or trademark infringement
  • Borden Ladner Gervais LLP
  • Canada
  • January 20 2016

The Federal Court of Appeal (FCA) dismissed an appeal from a trial decision finding that there was no copyright in Appellant's metatags and therefore


Unjust enrichment claim in a section 8 proceeding remains struck
  • Borden Ladner Gervais LLP
  • Canada
  • January 20 2016

The Supreme Court dismissed Apotex's leave to appeal from the Ontario Court of Appeal (2015 ONCA 305; aff'g 2013 ONSC 5937) in Apotex Inc. v. Eli