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Canadian Trademark Blog



Intellectual Property Law Blog



Last Build Date: Fri, 13 Apr 2018 01:40:27 +0000

 



Canadian Trademarks Law: 2017 in Review

Fri, 13 Apr 2018 01:40:27 +0000

Our very own Scott Lamb’s annual take on major developments in the world of Canadian trademark law has been recently published in the authoritative Annual Review of Law & Practice. A copy of Scott’s insightful update can be found online here. Notably, one of the biggest highlights from 2017 were the publication of draft regulations [...]



2018 Global 500 Brands: Who Takes Prime Spot?

Tue, 27 Feb 2018 02:12:25 +0000

February is the month Canadians look to for signs winter may come to an early end. It’s also the month when trademark practitioners around the world eagerly await Brand Finance’s Global 500 report. With an impressive 42% increase in brand value, AMAZON jumped from 3rd spot last year, to take the lead this year. Staying [...]



Global 500 Brand Rankings Feature A Shift At The Top

Thu, 02 Feb 2017 15:52:56 +0000

Brand Finance has recently published its 2017 Global 500 Brand Rankings, where GOOGLE has overtaken APPLE in the number one spot for the world’s most valuable brand.  APPLE’s five year dominance at the number one ranking follows a 27% fall in brand value in the past year.  Bringing up third spot again this year is AMAZON.COM, [...]



Trader Joe’s trying to make Pirate Joe’s “walk the plank” in U.S. trade-mark case

Thu, 08 Sep 2016 12:30:00 +0000

In the ongoing dispute between Michael Hallatt, a Vancouver businessman, and U.S. based retailer Trader Joe’s, the United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) has overruled the 2013 decision of the U.S. District Court for the Western District of Washington (the “District Court”) not to hear Trader Joe’s claim against [...]



In no mood for charity: Federal Court confirms that charities are not necessarily public authorities

Thu, 18 Aug 2016 12:00:14 +0000

The Federal Court of Canada recently confirmed in Starbucks (HK) Limited v. Trinity Television Inc., 2016 FC 790 (the “Decision”) that status as a charity is, in and of itself, insufficient to constitute an entity as a public authority for the purpose of obtaining an official mark. (For a discussion about official marks and their [...]



What’s Your Evidence? The Danger of Hearsay Evidence in IP Litigation

Thu, 28 Jul 2016 00:06:10 +0000

In Pfizer Canada Inc. v. Teva Canada Limited, 2016 FCA 161, the Federal Court of Appeal (“FCA”) recently overturned a substantial damages award in a pharmaceutical patented medicines action on the basis that the trial judge admitted improper hearsay evidence. This is an important reminder that the hearsay rule of evidence is alive and well. [...]



Nuthin’ but a Leaf Thang – Toronto Maple Leafs take issue with Snoop Dogg’s trade-mark application for LEAFS BY SNOOP Logo

Wed, 22 Jun 2016 12:00:54 +0000

Maple Leaf Sports & Entertainment Partnership (“MLSE”), the parent company of the National Hockey League’s Toronto Maple Leafs, has requested an extension of time to oppose a U.S. trade-mark application filed by one Calvin Broadus – better known as Snoop Dogg (“Snoop”) – for a logo featuring the words LEAFS BY SNOOP on a leaf-shaped [...]



New Fee Proposal for Trademarks in Canada

Tue, 07 Jun 2016 16:24:48 +0000

The Canadian Intellectual Property Office (CIPO) has published a Fee-for-service proposal (the Proposal), seeking public input by July 5, 2016.  As previously reported on this blog, the Canadian government significantly amended the Trade-marks Act (the Act) in 2014, in order for Canada to accede to the Singapore Treaty, the Nice Agreement and the Madrid Protocol. Those amendments [...]



Proposed New French Language Requirements in Québec

Thu, 12 May 2016 20:00:26 +0000

As discussed in our previous blog entry, after losing the battle in court over the requirement that businesses must add French language to English trade-marks displayed on signage outside their stores, in June 2015 the Québec government announced its intention to make modifications to Québec’s Regulation respecting the language of commerce and business (“Regulation”). As [...]



Federal Court of Appeal considers “special circumstances” in appeal of trade-mark expungement

Mon, 18 Apr 2016 21:23:46 +0000

In a recent decision of the Federal Court of Appeal (“FCA”), the FCA took the rare opportunity to consider an appeal from a section 45 expungement proceeding. In One Group LLC v Gouverneur Inc, the FCA reviewed the Registrar’s decision not to expunge One Group LLC’s (“One Group”) trade-mark registration for STK (the “Mark”) on [...]