No, no, no, no, don’t PUNK with Brewdog’s Trademark
In 2024 FC 891, Justice Tsimberis dismissed PDM’s appeal of the Trademarks Opposition Board’s decision to deny PDM’s trademark (“TM”) application for...Read More
A cautionary tale on appealing trademark oppositions: Trouble with narrowing distinctiveness grounds and website analytics
In D.M.C. SRL v Giusti, DMC appealed the Trademarks Opposition Board’s rejection of their opposition of Giusti’s trademark application no. 1,611,381. Giusti...Read More
FCA affirms scope of “use” required for infringement
The Federal Court of Appeal upheld a summary trial decision finding Arc Resources Ltd., Rockies LNG Limited Partnership, Rockies LNG GP Corp....Read More
Time warp on the Patent Register: Amendments to Bayer’s aflibercept judicial review
In two judicial reviews considering when a first person’s patent is determined to be eligible for the Patent Register, and when a...Read More
Time warp on the patent register: Amendments to EMD Serono’s MAVENCLAD judicial review
This is one of two motions relating to judicial reviews that considered when a first person’s patent is eligible for listing on...Read More
Seven years of delay invites dismissal
On April 25, 2017, Vermillion filed an application seeking expungement of Green Circle’s Green Circle Salons and Design mark. Seven years later,...Read More
CUSMA vs Food and Drug Regulations: Federal law predominates
Justice Stratas, writing a unanimous decision for the Federal Court of Appeal in Janssen v Attorney General of Canada, 2024 FCA 66,...Read More
Federal Court of Appeal echoes the Federal Court smart speaker decision
Justice Locke, writing a unanimous decision for the Federal Court of Appeal in Google LLC v Sonos Inc., 2024 FCA 44, dismissed...Read More
A bittersweet default judgment for Honey
The Federal Court granted default judgment in favour of Heather McDowell, owner of Toronto-based fashion boutique Honey, against the online boutique “A...Read More
Exchanging documents before discovery: A simplified procedure
In Rosebrook v Hill Times Publishing Inc., the Federal Court addressed whether a plaintiff (“Rosebrook”) is required to serve the defendant (“Canadian...Read More
Minor design elements will not rack the casual consumer’s brain
King Rack filed a trademark application seeking registration of its BUZZRACK design mark based on use in association with various rack-style carriers...Read More
Canadian Copyright Act draws the line between Rio Tinto and foreign author
GE commenced a copyright infringement action against Canmec, asserting ownership of copyright in 33 manufacturing drawings relating to butterfly valves. GE claimed...Read More
Due care must be used in paying patent maintenance fees and in requesting reinstatement
In what Justice Furlanetto describes as “the first judicial review in which the “due care” provisions under subsection 46(5) of the Patent Act have been substantively...Read More
A one-two pulse for Takeda’s dexlansoprazole patent found not infringed and invalid
The Federal Court found Takeda’s Canadian Patent No. 2,570,916 to be invalid for lack of utility and sufficient disclosure and to be...Read More
Provisional injunction granted: no “unclean hands” in royalty dispute
In Cameo Knitting v Kodiak Group Holdings (2024 QCCS 292), the Quebec Court of Appeal decided whether to issue a provisional injunction...Read More
A triumph in trademark appeal: Backordered realities
Finastra International Ltd. v Fenestrae B.V. is an appeal from a Trademark Opposition Board decision to maintain certain goods and services on...Read More
False IP complainants get shrunken bank accounts
Keezio Group and The Shrunks’ Family Toy Company were market competitors who sold inflatable beds for children through Amazon.com. Keezio brought a...Read More
PMPRB prevails in obtaining financial disclosure
Justice Fothergill dismissed Galderma’s judicial review application of the Patented Medicine Prices Review Board’s redetermination decision concluding Galderma’s Patent pertained to its...Read More
Preventous et al. still unsuccessful in accessing information to support their judicial review
The Federal Court of Appeal continues to decline the efforts of three private health clinics to obtain information from Health Canada to...Read More
Federal Court finds US supply disruptions relevant to Apotex’s ability to supply the Canadian abiraterone market
In the context of Apotex’s section 8 action against Janssen, Janssen brought a motion under Rule 51 of the Federal Courts Rules...Read More
Adidas cannot use “Terrex” name for W. 4th Ave store in Vancouver
The British Columbia Supreme Court issued an interlocutory injunction against adidas Canada, restraining it from using “TERREX” as the name of its...Read More
Allergan’s eyedrop patent withstands the Federal Court’s gaze
Allergan commenced a patent infringement action against Juno, alleging that Juno’s proposed bimatoprost product would infringe claims 16 and 19 of Allergan’s...Read More
Admissibility of expert evidence is best left to the trial judge
McCain commenced a patent infringement action against Simplot, asserting that Simplot had infringed McCain’s 841 Patent directed to a process used for...Read More
SLAPP’ed Back to Court for Letting the Links Out
The British Columbia Court of Appeal dismissed an appeal by Mr. Linkletter of his “anti-SLAAP” application to dismiss the proceedings against him...Read More
Equitable Remedies not in the Program for Rovi Guides
The Federal Court ruled on the availability of equitable remedies, namely an an accounting for profits and injunctive relief under s. 57(1)...Read More