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Articles: 1-10 of 86

Brick-and-Mortar Hotel Not Necessary to Establish Use of Trademark in Association With “Hotel Services” in Canada

Canada - September 18 2018 The Federal Court (“FC”) confirms that a trademark associated with “hotel services” does not need to have a brick-and-mortar presence in Canada. This…

The Scope of the Term “Services” in Association with a Trademark Revisited by the Federal Court

Canada - September 18 2018 In this decision, the Federal Court (“FC”) confirms that foreign corporations do not need to have a physical store in Canada to establish use of their…

Canada’s Federal Court Orders Variation of the Records of the Patent Office to Rectify Mistake in Application

Canada - September 13 2018 This case touches on the scope of section 52 of the Patent Act ("section 52"). The Federal Court ("FC") explained that an order under section 52…

Federal Court Allows New Evidence Pursuant to Section 56 of Trade-marks Act, Allows Appeal

Canada - September 11 2018 This case illustrates that marks which are merely descriptive of the wares, or of their geographic origin, will generally be awarded less protection -…

Law Firm Removed on Patent Infringement Action Due to Conflict of Interest

Canada - August 28 2018 The Federal Court (“FC”) disqualified Aitken Klee LLP (“Aitken Klee”) from representing Mr. Maoz Betser-Zilevitch (“Mr. Betser-Zilevitch”) on a motion…

Defendants Are Not Entitled to Elect Accounting of Profits

Canada - June 27 2018 The Federal Court of Appeal (“FCA”) dismissed Apotex Inc.’s (“Apotex”) appeal challenging the remedial decision, concerned with Canadian Patent No. 2…

Federal Court Rejects PMPRB’s Approach to “Invention Pertains to Medicine” Analysis

Canada - May 24 2018 The Patent Act gives the Patented Medicine Prices Review Board (the "PMPRB") jurisdiction over a patent of an invention pertaining to a medicine…

ONSC educates an inventor on the difference between obtaining a Patent and maintaining a Trade Secret

Canada - May 8 2018 Not understanding the differences between intellectual property rights or learning about their ownership implications could prove to be dangerous…

Non-Infringing Alternative Defence Denied in Omeprazole Infringement Profit Case

Canada - April 3 2018 The Federal Court (“FC”) revisits the non-infringing alternative (“NIA”) defence in its decision concerning the remedy sought by AstraZeneca Canada…

Five Reasons Why Men (Yes, Men) Should Join the IPO Women in IP Committee

Canada - February 23 2018 Many clients now require firms to demonstrate meaningful diversity initiatives as part of their engagement. Through participation in the Committee…