In Canada, there are practising patent agents and trademarks agents who are not lawyers. They are not admitted to any bar of any province or territory in Canada and are not members of any law society. The College of Patent...more
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 rise of online intermediaries, such as Google, Amazon, and Facebook, has radically changed the way in which many businesses and individuals operate and has introduced novel legal and business questions and challenges. It...more
When a corporation expands its business into Canada, consideration should be given to whether it can register its brand as a trademark in this new market. While a corporation may operate in this market without registered...more
The British Columbia decision Equustek Solutions Inc. v Jack highlights the difficult, time consuming, and expensive exercise that organizations may find themselves in when an employee misuses confidential information. In...more
2/10/2021
/ Breach of Confidence ,
Canada ,
Confidential Information ,
Constructive Trusts ,
Copyright ,
Copyright Infringement ,
Data Protection ,
Data Theft ,
Disgorgement ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patents ,
Piercing the Corporate Veil ,
Trade Secrets ,
Trademarks ,
Unjust Enrichment
Canadian Innovation Week, namely November 16th to November 20th this year, is a movement organized by the Rideau Hall Foundation and Canadian Innovation Space which seeks to recognize Canadians advancing their respective...more
12/2/2020
/ Biopharmaceutical ,
Biotechnology ,
Canada ,
Canadian Intellectual Property Office (CIPO) ,
Coronavirus/COVID-19 ,
Innovation ,
Patent Applications ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Research and Development ,
Vaccinations
“Use it or lose it” is a staple expression known to Canadian trademark lawyers. Once a business successfully registers a trademark in Canada, it must “use” its registered mark in Canada or it may lose the protections provided...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
The Federal Court of Canada (the “FCTD“) recently released Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, in which it considered whether a cannabis company, Herbs “R” Us Wellness Society (“Herbs R Us“), had...more
7/31/2020
/ Canada ,
Cannabis Products ,
Consumer Confusion ,
Damages ,
Depreciation ,
Exclusive Use ,
Intellectual Property Protection ,
Likelihood of Confusion ,
Loss of Goodwill ,
Passing Off ,
Permanent Injunctions ,
Punitive Damages ,
Toys R Us ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Trademarks Act
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
On June 17, 2019, Canada’s Trademarks Act changed, resulting in its modernization. Canada has now joined five international intellectual property treaties, including the Madrid Protocol, Singapore Treaty and Nice Agreement,...more
7/5/2019
/ Brand ,
Canada ,
Color Marks ,
Goods or Services ,
Intellectual Property Protection ,
International Treaties ,
Madrid Protocol ,
New Rules ,
Nice Classification ,
Registration Fees ,
Scent Marks ,
Singapore Treaty ,
Sound Marks ,
Trademark Application ,
Trademark Opposition Proceedings ,
Trademark Registration ,
Trademark Renewal Applications ,
Trademarks Act ,
Use in Commerce ,
WIPO