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The Brand Protection Blog

Covering the legal developments impacting your brands

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Domain Names and Online Trademarks: When is a Consumer Confused?

By Bianca Pietracupa (CA) on October 5, 2020

As more businesses move online, the value and importance of domain names and online trademark enforcement grows. The Superior Court of Quebec has reaffirmed that a confusing domain can land your business in legal trouble. The dispute arose between the unregistered trademark of Cabanons Mirabel, and confusing domain names chosen by ... Continue reading

Are golf polos out of tune with the law?

SCOTUS Strikes Down Goverment Loan TCPA Exception

Grey Goods and False Labels: Federal Court Grants Interlocutory Injunction in a Trademark Case

Copyright

Are golf polos out of tune with the law?

By Jean-François Drolet on October 1, 2020

What do Bill Murray and Donald J. Trump have in common? At first glance, very little, one is a comedian and actor, the other is, of course, President! Yet, while everything drives them apart, both are golf enthusiasts, one owns a clothing golf company and the other owns many prestigious courses but, ... Continue reading

Where the Rubber Hits the Road: Damages for Canadian E-Commerce Copyright Infringement

Insights from the Australian Intellectual Property Report 2020

Courts Across Canada Continue Reopening Plans

Counterfeiting

Are golf polos out of tune with the law?

By Jean-François Drolet on October 1, 2020

What do Bill Murray and Donald J. Trump have in common? At first glance, very little, one is a comedian and actor, the other is, of course, President! Yet, while everything drives them apart, both are golf enthusiasts, one owns a clothing golf company and the other owns many prestigious courses but, ... Continue reading

The Quebec Superior Court declines to issue a Norwich order to identify the supplier of grey market perfumes

Grey Goods and False Labels: Federal Court Grants Interlocutory Injunction in a Trademark Case

Goodwill Hunting: Herbs R Us depreciates the goodwill of Toys R Us

Trademark

Chipping Away at Official Marks

By Mat Brechtel (CA) on October 19, 2020

Last week, the Supreme Court refused leave to appeal in Ontario (Energy) v. Quality Program Services Inc., 2020 FCA 53, putting to rest the idea that an official mark operates as an absolute defence to trademark infringement. The Federal Court of Appeal, which now stands, upheld a Federal Court decision that ... Continue reading

Federal Court of Appeal Reviews Meaning of “Use” of a Trademark in Canada

Protecting goodwill: When in doubt, be kind!

Bacardi Must ‘Gin and Beer It’ In Failed Trade Mark Opposition Proceeding

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