We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 196

Court of Appeal dismisses appeal on the merits from a finding of no trademark infringement but allows appeal in respect of lump sum costs award
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2017

In this appeal, Venngo appealed from the Federal Court's decision (2015 FC 1338, our summary) dismissing Venngo's claims for trademark infringement


Court of appeal upholds trial judge's finding of no use of the registered design mark
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2017

This was an appeal of the Federal Court's decision (2016 FC 971) dealing with an appeal from the Registrar of Trademarks in a section 45 proceeding


Appeal of TMOB's decision amending the statement of registered goods allowed
  • Borden Ladner Gervais LLP
  • Canada
  • May 3 2017

The Federal Court allowed Lucite's appeal of the Trademarks Opposition Board's (TMOB's) decision amending the registration of its mark to restrict the


Appeal of Motion Striking Claims Concerning Vicarious Liability to a Landlord from Sale of Counterfeit Merchandise Allowed
  • Borden Ladner Gervais LLP
  • Canada
  • April 26 2017

The Plaintiffs appealed from the Order of a Master striking out four Paragraphs of Louis Vuitton's Statement of Claim. The underlying action involves


ONCA upholds Summary Judgment Concerning Dispute over Website Domain Names
  • Borden Ladner Gervais LLP
  • Canada
  • April 12 2017

The Ontario Court of Appeal (ONCA) dismissed the Appellant's appeal from a summary judgment dismissing its action and from an order dismissing the


Appeal of the Trademark Opposition Board's decision rejecting opposition to HONEY MOMENTS allowed
  • Borden Ladner Gervais LLP
  • Canada
  • April 6 2017

The Court allowed an appeal of the Trademark Opposition Board's decision rejecting Ms. McDowell's opposition to the registration of the HONEY MOMENTS


Opposition Board's decision refusing to register TASTE OF B.C. upheld on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • March 29 2017

The Federal Court dismissed an appeal of the Trademarks Opposition Board's ("Board's") refusal to register the mark TASTE OF B.C. In the opposition


Expert reports excluded for failing to meet standard four part test from Mohan
  • Borden Ladner Gervais LLP
  • Canada
  • March 29 2017

This recently reported motion considered the admissibility of expert reports, within the greater context of the Plaintiffs' argument that the


Appeal of Court's Finding of Confusing Between the Marks Allowed; Matter Referred Back for Redetermination
  • Borden Ladner Gervais LLP
  • Canada
  • March 22 2017

The Federal Court of Appeal ("FCA") granted an appeal of the Federal Court's ("FC") judgment, which had set aside the decision of the Trademarks


Damages in the amount of $8,500 for passing off as a Dairy Queen franchise for a period of less than one month
  • Borden Ladner Gervais LLP
  • Canada
  • March 15 2017

In this summary trial, the Court dealt with various issues relating to the termination of a Dairy Queen franchise agreement, including the Plaintiff's