On September 8, 2021, the Federal Court of Appeal (FCA) in Canada released its decision in Salna v. Voltage Pictures, LLC, 2021 FCA 176 which considered whether a reverse class action, a term used colloquially to describe...more
The U.S. Supreme Court recently confirmed that a “generic.com” term may be eligible for federal trademark registration in the U.S., in certain circumstances. We will review the relevant decisions, discuss the Canadian legal...more
8/14/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Canada ,
Canadian Intellectual Property Office (CIPO) ,
Descriptive Trademarks ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
Trademarks Act ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
On June 5, 2020, the Federal Court of Appeal (“FCA“) released its decision in 3510395 Canada Inc. v. Attorney General of Canada et al., 2020 FCA 103, in which it upheld the constitutionality of Canada’s anti-spam legislation...more
6/18/2020
/ Administrative Monetary Penalties ,
Anti-Spam Legislation ,
Appeals ,
B2B Transactions ,
Canada ,
CASL ,
Constitutional Challenges ,
Corporate Counsel ,
CRTC ,
Electronic Communications ,
Exemptions ,
Spam ,
Telecommunications ,
Without Consent