First Use, Not Registration, Confers Exclusive Right To A Trade-mark
On November 2, 2017, Justice Roussel allowed Micro Matic’s application under section 57 of the Trade-marks Act and struck Taizhou’s trade-mark registration for...Read More
First Impression for Internet Confusion Occurs At Search Results Page – BCCA
On January 26, 2017, the BCCA granted Vancouver Community College’s appeal and held that it’s passing off claim against Vancouver Career College...Read More
Infringement To The Omax: Default Judgement In Real Estate Trade-mark Action
In Maxwell Realty Inc. v. Omax Realty Ltd., Justice McDonald considered an ex-parte motion for default judgement for trade-mark infringement. Maxwell operates...Read More
LINGAYEN Trade-mark Cannot Be Preserved – Court of Appeal Clarifies Test for Marks Descriptive of Place of Origin
MC Imports Inc. appealed a decision of the Federal Court that invalidated its trade-mark for LINGAYEN in association with Filipino food products...Read More
Condiment Trade-mark Rejected by the Federal Court
On January 7, 2016, Justice LeBlanc of the Federal Court released the amended judgment and reasons in Kabushiki Kaisha Mitsukan Group Honsha...Read More
Speed Queen mark suffers quick end – Trade-mark expunged on appeal
Alliance Laundry Systems LLC v Whirlpool Canada LP, 2015 FCA 232 In a decision from the bench, the Federal Court of Appeal...Read More
No one is higher than the law – Headshop trade-mark infringer jailed for contempt
Hightimes Smoke Shop and Gifts, a headshop located in Niagara Falls, was previously ordered to pay $55,000 in damages and costs relating...Read More
Absent Special Circumstances, Interlocutory Trademark Decision Not Subject To Judicial Review
McDowell applied for judicial review of an interlocutory decision of the Trade-Marks Opposition Board that had refused to grant McDowell leave to...Read More
VIAGRA blue diamond trade-mark not distinctive – Federal Court
On April 20, 2015 Justice Russell released his Judgment and Reasons in a trademark matter involving Pfizer’s attempt to register trade-mark application...Read More
Receiver in Bankruptcy Permitted to Sell Trademarked Goods Despite Opposition from Trademark Owner
On August 25, 2014, Justice Gouin of the Quebec Superior Court released his Reasons for Judgment in 185107 Canada Inc. (Groupe de...Read More