Preliminary Determinations Restricted to Pure Questions of Law – Federal Court of Appeal
In Rogers Communication Partnership et al v. Society of Composers, Authors and Music Publishers of Canada, 2016 FCA 28, the Federal Court... Read More
No Changing On the Fly – Court of Appeal Dismisses Substitutive Intervention in Hockey Skate Trade-Mark Dispute
In 2011, Easton requested that the Registrar of Trade-marks issue a section 45 notice requiring Bauer to show that they had used... Read More
Failure to Disclose Public Servant Status Will Not Void a Patent
On February 5, 2016 Justice Boivin (writing on behalf of the Court of Appeal) released the reasons for judgment in Brown v.... Read More
“NIC OUT” gets Kicked Out: Federal Court of Appeal upholds Trade-mark Expungement
The Federal Court of Appeal has upheld the expungement of the mark “NIC OUT” from the Register of Trademarks. Product Source International... Read More
Large security for costs upheld in Alberta multi-defendant copyright action
In Geophysical Service Incorporated v Encana Corporation, Justice Strekaf of the Court of Queen’s Bench of Alberta heard an appeal by GSI... Read More
Second serving of rice affidavits insufficient to overcome AMIRA trademark refusal
The Federal Court has denied an appeal from the decision of the Trade-Marks Opposition Board refusing the application of Amira Foods (India)... Read More
Condiment Trade-mark Rejected by the Federal Court
On January 7, 2016, Justice LeBlanc of the Federal Court released the amended judgment and reasons in Kabushiki Kaisha Mitsukan Group Honsha... Read More
Un-Metatag Me! Copying metags found non-infringing by FCA
In Red Label Vacations Inc. v. 411 Travel Buys Ltd., 2015 FCA 290, the Federal Court of Appeal upheld a decision of... Read More
New evidence establishes likelihood of confusion of NATURA mark
In September 2014, Home Hardware had unsuccessfully opposed the registration of Benjamin Moore’s BENJAMIN MORE NATURA marks on the basis of likelihood... Read More
Federal Court of Appeal Affirms Dismissal of Prohibition Application for Mylan’s Tadalafil
In February 2015, the Federal Court dismissed Eli Lilly’s application for an order prohibiting Mylan Pharmaceuticals from receiving a Notice of Compliance... Read More
Dismissal of Application for “SECRET” Trade-mark upheld by the Federal Court
On December 1, 2015, Justice Gascon of the Federal Court released the judgment and reasons in Eclectic Edge Inc. v. Gildan Apparel... Read More
Federal Court of Appeal refuses Appeal of Motion to Strike Decision due to “Uncertainty” in the Case Law
On December 8, 2015, Justice Stratas of the Federal Court of Appeal released his Reasons for Judgment of the Court in Teva... Read More
A Confluence of Two Streams – Subsequent Amalgamation Cannot Change Contracting Parties’ Intention
In April 2009, Pfizer and ratiopharm settled a prohibition application under the PM(NOC) Regulations in respect of the drug product ratio-sildenafil. Subsequent... Read More
TekSavvy Gets a Shocker from Voltage: Non-Party May Bear Some Costs Associated with Discovery
The decision of Justice Annis in Voltage Pictures LLC v. John Doe and Jane Doe reaffirms that there is no rule that... Read More
The Requirement to Consider Fresh Evidence on Trade-Marks Appeals
Cathay Pacific Airways Limited v Air Miles International Trading B.V., 2015 FCA 253 addressed the issue of fresh evidence on appeals relating... Read More
Failure to Launch: BCCA Shuts Down Consumer Drug Patent Class Action
The British Columbia Court of Appeal recently clarified that there is no common law remedy available to consumers for breach of the Patent... Read More
Claim of Inequitable Conduct in Statement of Defence Survives Motion to Strike
The decision of Justice Locke in Alcon Canada Inc. v. Actavis Pharma Company (2015 FC 1323) permits a generic party to plead... Read More
Getting Some SWAGGER Back
In Anashara v. Swagger Publications Inc., 2015 FC 1241, the Applicant appealed the decision of the Registrar of Trade-marks’ delegate to expunge... Read More
Generics are “patentees” subject to PMPRB oversight
The recent decision of the Federal Court of Appeal in Attorney General of Canada v. Sandoz Canada Inc., and Attorney General of... Read More
Speed Queen mark suffers quick end – Trade-mark expunged on appeal
Alliance Laundry Systems LLC v Whirlpool Canada LP, 2015 FCA 232 In a decision from the bench, the Federal Court of Appeal... Read More
A Sheep In Wolf’s Clothing – Alleged Errors of Fact Should Not Be Dressed Up As Errors Of Law
The Federal Court of Appeal recently considered two competing appeals regarding patents listed on the Patent Register against Alcon’s moxifloxacin product, VIGAMOX.... Read More
Court of Appeal Is Not The Place to Reargue Factual Findings
On September 16, 2015, the Federal Court of Appeal dismissed Actavis’s appeal from a judgment of the Federal Court prohibiting the Minister... Read More
Receivership Proceeding Cannot Be Passed Off As A Passing-Off Action
In Tangerine Financial Products Limited Partnerships v. The Revees Family Trust, 2015 BCCA 359, the Court of Appeal for British Columbia allowed... Read More
Prothonotary Can Require Production of Relevant Confidential Documents From a Different Action
In Eli Lilly Canada Inc. v. Teva Canada Ltd., 2015 FC 801, Justice Annis allowed Teva’s appeal in part finding that the... Read More