Inherent Distinctiveness Must Consider Potential Uses Of Marks, Not Merely Their Actual Uses
Constellation Brands Inc. and related companies appealed a decision of the Trade-Marks Opposition Board that rejected Constellation’s opposition under s. 38 of... Read More
Keyword Advertising of Competitor’s Mark Is Not Passing Off
In Vancouver Community College v. Vancouver Career College (Burnaby) Inc., 2015 BCSC 1470, Justice Affleck dismissed a passing off action action based... Read More
Absent Special Circumstances, Interlocutory Trademark Decision Not Subject To Judicial Review
McDowell applied for judicial review of an interlocutory decision of the Trade-Marks Opposition Board that had refused to grant McDowell leave to... 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
Can’t have your steak and eat it too – expunging TM’s for deviated use
Justice Kane dismissed an appeal from the Registrar of Trade-Marks expunging Padcon’s trade-mark for “THE OUTRIGGER STEAKHOUSE AND BAR” pursuant to section... Read More
VIAGRA blue diamond trade-mark not distinctive – Federal Court
On April 20, 2015 Justice Russell released his Judgment and Reasons in a trademark matter involving Pfizer’s attempt to register trade-mark application... Read More
“URBAN PLANET” and “PLANET”: A trade-mark dispute that was out of this world
On December 19, 2014, Justice Boswell of the Federal Court released the judgment and reasons in Jacques Vert Group Limited (“JVG”) v.... Read More
Tobacco packaging trade-mark goes up in smoke
On December 18, 2014, Justice Bédard of the Federal Court, released her judgment and reasons in Philip Morris Products S.A. v. Imperial... Read More
Duelling dentists: to invalidate a trade-mark you need evidence
Ocean Park is a neighbourhood in South Surrey, British Columbia. Dr. Cragg’s business had used the trade-name “Ocean Park Dental Centre” in... Read More
New Evidence Ices Diamond Trade-Mark Registration
On December 2, 2014 Justice Kane of the Federal Court of Canada overturned a decision of the Trade-Marks Opposition Board and held... Read More
“If I Can’t Have it, No One Can” Argument Raised Too Late
On October 14, 2014, Justice Mactavish of the Federal Court of Canada dismissed an application for judicial review of a Trademarks Opposition... Read More
That is Going to Cost You: Willful Infringement of Trade-mark and failure to participate in Court proceeding results in cost sanctions
On October 24, 2014, Justice Noël of the Federal Court, released the Reasons for Judgment on a motion for default judgment in... Read More
Threatening sanctions without a legal basis
The Denturist Association of Canada’s (“DAC”) five digit procedure codes are licensed to its provincial associations (including the Denturist Association of Ontario... Read More
SPIRIT BEAR Official Mark Goes Into Hibernation
On September 24, 2014, Justice Martineau of the Federal Court of Canada found that official marks for SPIRIT BEAR were unenforceable. Official... Read More
Court denies self-represented litigant leave to adduce new evidence of trade-mark use on appeal
Medos Services Corporation, its principal Alexander Vlasseros, and a related corporation, Marathon Medical Inc., appealed the judgment of the Federal Court that... Read More
Receiver in Bankruptcy Permitted to Sell Trademarked Goods Despite Opposition from Trademark Owner
On August 25, 2014, Justice Gouin of the Quebec Superior Court released his Reasons for Judgment in 185107 Canada Inc. (Groupe de... Read More