News & Analysis as of November 17, 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 +

[Webinar] Impact of Bill 96 on product trademarks: insights from new regulation, OQLF’s guidelines and discussions with the OQLF -...

Smart & Biggar on 11/12/2024

Join us for an insightful webinar on how to address the French Charter requirements for trademarks appearing on products, considering the recently issued Quebec regulation and the OQLF's new guidelines. Over this 60-minute...more

Québec’s Language Legislation: Release of Regulations Impacting Commercial Contracts and Trademarks

Stikeman Elliott LLP on 7/5/2024

This post summarizes a newly published regulation (the “Amended Regulation”) amending the Québec Charter of the French Language (“Charter”) and the Regulation respecting the language of commerce and business in key areas such...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

US Companies Must Prepare for Upcoming Changes to the French Language Requirements for Trademarks in Quebec, Canada

Moritt Hock & Hamroff LLP on 1/18/2024

Amendments to the Charter of French Language (Charter) scheduled to come into force on June 1, 2025 will have major implications on trademark owners doing business in Quebec, Canada. This doesn’t just impact Canadian...more

[Webinar] French Language Charter: Navigating the recent amendments and their impact on trademarks in Québec - November 9th, 12:00...

Smart & Biggar on 8/16/2023

In this webinar, our speakers will discuss the recent amendments to the French language requirements in Québec and touch on how they apply to product markings, promotion, and advertisements, plus practical tips on how to take...more

[Ongoing Program] Branding and French Language Requirements in Québec: Understanding the Recognized Trademark Exception through...

Smart & Biggar on 8/19/2022

In this webinar, our speakers will discuss the French language requirements in Québec as they apply to product markings, promotion, and advertisement, with practical tips on how to take advantage of the “recognized trademark”...more

Bill 96 and proposed reforms to the Charter of the French language in Québec

Smart & Biggar on 5/28/2021

On May 13, 2021, the government of Québec introduced Bill 96 with an intent to “strengthen” the provisions in the Charter of the French language (the French Charter). We do not know whether Bill 96 will be adopted and, if so,...more

French Language law in Canada: Part 2 – Inscriptions on products and accompanying documentation

Smart & Biggar on 7/25/2020

The French language holds status of official language in Québec through the Charter of the French Language (R.S.Q. c. C-11) (the French Charter). In a continued examination of the French language requirements for commerce and...more

French language law in Canada: Part 1 - An introduction

Smart & Biggar on 7/21/2020

The Charter of the French language (R.S.Q. c. C-11) (the French Charter) was adopted in 1977 by the Québec government to protect the French language. The French Charter gives the French language the status of official...more

Food & Beverage Litigation Update | July 2017 #2

Shook, Hardy & Bacon L.L.P. on 7/24/2017

GE Salmon Bill Introduced in U.S. Senate - A bipartisan group of U.S. senators has introduced a bill that would require labeling of genetically engineered (GE) salmon and independent scientific review of the U.S. Food and...more

Captain Morgan makes Admiral Nelson’s walk the plank

Smart & Biggar on 6/22/2017

Smart & Biggar prevails at trial on behalf of Diageo in trade dress case. On June 12, 2017, the Federal Court issued its 99-page decision in Diageo Canada Inc v Heaven Hill Distilleries Inc et al, 2017 FC 571. The Court...more

Grey Marketing – Still Not Black and White in Canada

Smart & Biggar on 4/6/2017

Grey marketing, sometimes referred to as “parallel importation”, is the diversion of goods, originally intended for sale only in certain countries, to other countries where they were not intended to be sold. The goods are not...more

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