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
The Supreme Court of Canada has denied leave to appeal of the Ontario (Energy) v Quality Program Services Inc.1 Federal Court decision, thereby bringing finality to whether public authorities are immune to trademark...more
“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