Joint Business Ventures do not Equate to Shared Ownership of IP
Corey Bessner Consulting Inc. (c.o.b. Core Consultants Realty) v. Core Consultants Realty Inc., 2020 FC 224 dealt with a soured business relationship...Read More
No Cookies For You! – Federal Court Confirms Jurisdiction to Issue Split Decisions in Trade-mark Oppositions
In Les Marques Metro / Metro Brands S.E.N.C. v. 1161396 Ontario Inc., 2017 FC 806, Metro appealed a Trade-marks Opposition Board decision...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
“NIC OUT” gets Kicked Out: Federal Court of Appeal upholds Trade-mark Expungement
The Federal Court of Appeal has upheld the expungement of the mark “NIC OUT” from the Register of Trademarks. Product Source International...Read More
Second serving of rice affidavits insufficient to overcome AMIRA trademark refusal
The Federal Court has denied an appeal from the decision of the Trade-Marks Opposition Board refusing the application of Amira Foods (India)...Read More
Perks are for everyone: PERKOPOLIS mark found non-infringing
In Venngo Inc. v. Concierge Connection Inc. et al., 2015 FC 1338, Justice Manson dismissed Venngo’s claim that Concierge and its directors...Read More
The Requirement to Consider Fresh Evidence on Trade-Marks Appeals
Cathay Pacific Airways Limited v Air Miles International Trading B.V., 2015 FCA 253 addressed the issue of fresh evidence on appeals relating...Read More
Getting Some SWAGGER Back
In Anashara v. Swagger Publications Inc., 2015 FC 1241, the Applicant appealed the decision of the Registrar of Trade-marks’ delegate to expunge...Read More
ABSOLUTE marks confuse absolutely
Absolute Software Corporation has operated under the trade-name ABSOLUTE SOFTWARE since 1993 and used its name as a common law mark. Since...Read More
Keyword Advertising of Competitor’s Mark Is Not Passing Off
In Vancouver Community College v. Vancouver Career College (Burnaby) Inc., 2015 BCSC 1470, Justice Affleck dismissed a passing off action action based...Read More