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
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
Permanent injunction declined in spite of infringement
Justice McVeigh’s recent decision in AbbVie Corporation v JAMP Pharma is noteworthy because it is one of the few cases to refuse...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
The Puck Drops Here: A Dynamic Site-Blocking Order Granted for the NHL Playoffs
In Rogers Media Inc., nine television networks who hold copyright in NHL games have successfully obtained a “dynamic” site-blocking order against unidentified...Read More
Lululemon “high quality replicas” result in a tight bind
The Federal Court reviewed first principles applicable to remedies for trademark infringement for counterfeit goods in an uncontested summary trial. The defendants...Read More
Supreme Court upholds worldwide injunction against Google
In Google v. Equustek, the Supreme Court of Canada today upheld a worldwide interlocutory injunction requiring Google to delist certain webpages from its...Read More
Speculative Harm Insufficient For Equipment Rental Injunction
HERC Equipment Rentals operates a construction and industrial equipment rental business in Hamilton and Mississauga. HERC and HERTZ (the car rental company)...Read More
Hey Trademark Infringer You’re No Friend of Mine – Mister Transmission obtains injunction against Master Transmission
Responsive Brands operates throughout Canada as “Mister Transmission”. Responsive Brands is the owner of Canadian Trademark 239,868 for MISTER TRANSMISSION registered in...Read More
Federal Court Dismisses Trade Mark Infringement Suit: No Actual Confusion of Co-Existing Marks
In Scott Technologies, Inc. v. 783825 Alberta Ltd., 2015 FC 1336, Justice Zinn dismissed all of the plaintiff’s allegations of trademarks infringement...Read More