Reply evidence allowed under reserve of objection in Louis Dreyfus Company and CN Railway dispute
In Justice Diner’s decision in Louis Dreyfus Company v CN Railway Company, LDC was granted permission to file its reply evidence. The...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
Reply evidence report allowed in part as it aids the Court in determining merit
Background In Justice Furlanetto’s recent decision in Boehringer v JAMP, the Court returned to first principles in deciding whether to allow a...Read More
Pass the Scalpel: “Surgical” Reply Report Responding to New Evidence Held Admissible
On the eve of trial, the Federal Court accepted filing of a reply report responding to new evidence but did not allow...Read More
Need for the Court to make a proper determination weights heavily in Apotex’ motion for reply evidence
Background On November 10, 2015, Justice, Hughes dismissed Amgen’s application an Order preventing the Minister of Health from issuing a Notice of...Read More