News & Analysis as of October 13, 2024

Canada

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A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +

New Guidance on the Subject of Comparative Advertising and Dilution of Goodwill

International Lawyers Network on 4/18/2024

In 2023, the Federal Court of Canada released its decision in Energizer Brands, LLC and Energizer Canada Inc. v. Gillette Company (2023 FC 804). The decision clarifies some of the laws applicable to comparative advertising in...more

Powering-down Use of Registered Trademarks in Comparative Advertising

Stikeman Elliott LLP on 8/15/2023

Section 22 of the Canadian Trademarks Act prohibits the use of a registered trademark “in a manner that is likely to have the effect of depreciating the value of the goodwill attaching thereto”....more

The fight over depreciation of goodwill in Canada keeps going and going …

Smart & Biggar on 5/12/2020

While comparative advertising can be an effective tool for comparing and contrasting competing brands, there are limits on what claims can lawfully be made. One such limit is provided by Section 22 of the Trademarks Act,...more

True or False? Testing the limits of comparative advertising – Petline v Trupanion

Smart & Biggar on 2/22/2020

Comparative advertising can be a useful tool for marketers. It positions competing brands against each other and helps consumers make better choices. However, there are legal limits to comparative advertising which are set...more

Year-end Round-up: Notable Trademark Case Law From 2018

Smart & Biggar on 2/2/2019

There were many interesting trademark cases coming out of 2018, a few of which are discussed below. The scope of Canada’s anti-dilution remedy (section 22 of the Trademarks Act) is not limited to a defendant’s use of a...more

Canada’s Anti-Dilution Remedy is Not Limited to Registered Trademarks: The bunny keeps going… and going… and going

Smart & Biggar on 11/13/2018

Section 22 of the Canadian Trademarks Act, depreciation of a registered trademark’s goodwill, is a potentially powerful yet generally under-utilized weapon for dealing with damaging comparative advertising campaigns. In the...more

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