Other Cases of Interest

Application for Trade-mark Denied Due to Likelihood of Confusion
Nature's Source Inc. v. Natursource Inc.

This is an appeal pursuant to section 56 of the Trade-marks Act. The Trade-marks Opposition Board (the "Board") refused the application for the trade-mark NATURE'S SOURCE, finding a likelihood of confusion with the trade-mark NATURSOURCE.

Both parties filed further evidence before the Court, but the Court found that this additional evidence was not material, would not have affected the Board's decision and the appropriate standard of review was accordingly one of reasonableness.

The Court determined that the decision made by the Board was reasonable and dismissed the appeal. One of the issues to be reviewed by the Court was the nature of the two businesses: the applicant operates retail stores that sell vitamins and other supplements whereas the respondent manufactures and sells healthy snack foods. The Court found that the Board understood the nature of both businesses and its decision that there is an overlap between the applicant's services and the respondent's wares was reasonable.

Interlocutory Injunction Granted in Trade-mark Case
Kulyk v. Wildman (Weight Loss Forever Consulting)

This is an application to the Queen's Bench for Saskatchewan for an interlocutory injunction to prevent the Defendant from using the Plaintiff's business name and/or trademark, Global Healthcare Connection.

The Court found there was a serious issue to be tried; both parties have been attempting to use the same term, Global Healthcare Connections. The Court found irreparable harm to the Plaintiff in that it was apparent that the Plaintiff has suffered loss of business and goodwill. Finally, the Court held that the balance of convenience favours the Plaintiff because the Plaintiff is trying to start a new business using "Global Healthcare Connections". The Court granted the injunction.

Supreme Court of Canada Grants Leave to Appeal in Private Label Drug Cases

The Supreme Court of Canada granted leave to appeal from a decision in the Ontario Court of Appeal in two cases relating to legislation addressing private label drugs. The Supreme Court's summary indicates that the cases relate to the amendments made to regulations that prohibit pharmacies from using their own non-arms length companies for generic drugs.

Other Industry News

The Natural health Products Directorate has published a Draft Guidance Document - Quality of natural health products guide - which is open for consultation August 31 to November 30, 2012.