Storm in a teacup: Guangzhou Wanglaoji Grand Health Co, Ltd v Multi Access Ltd
In a recent case before the Federal Court, Guangzhou Wanglaoji Grand Health Co. appealed seven decisions by the Registrar of Trademarks to...Read More
FIAL’s GALPERTI trademark allowed: New evidence on appeal establishes prior use
Background FIAL Finanziaria Industrie Alto Lario SPA appealed a decision of the Trademarks Opposition Board allowing an opposition by Galperti SRL concerning...Read More
Counter(defeated): Louis Vuitton awarded compensatory and punitive damages
In a recent summary trial decision of the Federal Court, Justice McHaffie found multiple defendants selling counterfeit Louis Vuitton goods liable for...Read More
Battery battle: Duracell’s good faith sparks win over legal costs
Energizer and Gillette (Duracell) could not settle on costs following a decision of the Federal Court. Although Energizer was awarded an injunction...Read More
Assessing TM Confusion: Patients Matter
Novartis v. Biogen involves claims of trademark infringement, passing off and depreciation of goodwill and raises several interesting issues. The Applicants, Novartis...Read More
A tale of two DRAGONAS
This case involves two related companies that had been using the same trademark based on an informal understanding. After many years of...Read More
Vacuum Wars and Trademark Troubles: VPC Fails to Obtain Interlocutory Injunction
In 2572495 Ontario Inc. v. Vacuum Specialists (1985) Ltd., Justice Pentney of the Federal Court dismissed a motion for an interlocutory injunction...Read More
Enough (evidence) is enough: Redactions to invoices no barrier to lump sum costs award
In Eli Lilly v Apotex, Justice St-Louis awarded Apotex its costs in a patent action involving the drug tadalafil and three patents...Read More
Norwich Orders are not a Second Stab at Discovery
In the context of Worthware’s action against Raysoft for inducing patent infringement, Worthware brought a motion for a Norwich Order under Rules...Read More
It’s all About Construction
Valeant’s Canadian Patent No. 2,524,300 claims a modified-release bupropion tablet with three parts: a core comprising the active ingredient and various excipients;...Read More
Inventive Concept Redux: Shire’s ADHD Prodrug Patent Upheld By Federal Court
In a decision released publicly on June 21, 2018, the Federal Court dismissed Apotex’s action against Shire seeking a declaration of invalidity...Read More
Patent Term Extension Comes to Canada
As part of its obligations under the Canada-European Union Comprehensive Economic and Trade Agreement which came into force on September 21, 2017,...Read More
Why Get An Injunction Anywhere Else? – Federal Court Grants Rare Interlocutory Injunction In Trademark Dispute
On February 9, 2017, the Federal Court granted a motion brought by Sleep Country Canada Inc. for an interlocutory injunction preventing Sears...Read More