Catherine M. Dennis Brooks



Results 1 to 5 of 9

No-name package causes confusion in the dark

Canada - October 15 2012 The Federal Court of Appeal in Canada recently held that a no-name cigarette package depicting registered design trade-marks, but no word mark, was confusingly similar to the word mark MARLBORO which was registered for use in association with cigarettes.

“Read it and weep!” - is restaurant calorie disclosure an effective behaviour modification tool?

Canada, USA - May 17 2012 A report recently published by a Canadian advocacy group, the Centre for Science in the Public Interest (“CSPI”), titled Writing on the Wall: Time to Put Nutrition Information on Restaurant Menus, has taken on the highly debated issue of restaurant menu calorie disclosure, advocating the listing of calorie counts and sodium levels next to every menu item.

Stefanie Baldassarra

Lion’s roar caged! Certain sounds can now be trade-marked

Canada - April 26 2012 The Canadian Intellectual Property Office (“CIPO”) announced in a Practice Notice dated March 28, 2012, that, effective immediately, it would accept applications for the registration of sound trade-marks.

.xxx domain opt-out period ends October 28, 2011

Global - October 5 2011 In March 2011, the Internet Corporation for Assigned Names and Numbers approved “.xxx” as a new sponsored Top-Level Domain, to be operated by ICM Registry LLC.

Leonard Glickman, Eric Mayzel

Trade-mark confusion analysis and first-to-use v. first-to-file clarified by Supreme Court of Canada

Canada - May 30 2011 In a decision released on May 25, 2011, Masterpiece Inc. v. Alavida Lifestyles Inc. (2011) SCC 27, the Supreme Court of Canada has provided guidance with respect to the test for confusion pursuant to section 6 of the Trade-marks Act and has confirmed that Canada is a first-to-use jurisdiction which recognizes the priority of trade-marks on the basis of first use in Canada and not registration.