On June 17, 2019 Canada acceded to the Madrid Protocol. Foreign applicants can now file a single International trademark application with the International Bureau of World Intellectual Property Organization (WIPO) and request trademark protection in Canada.
Generally, the Canadian Intellectual
In a symbolic win for Indigenous artists, the Federal Court of Australia has recently ordered a seller of fake Indigenous-style souvenirs to pay AU$2.3 million in pecuniary penalties for contraventions of the misleading and deceptive conduct provisions of the Australian
In claims for trademark infringement and passing off, plaintiff success is determined by the ability to establish confusion. Section 6 of the Trade-marks Act (the Act) provides a non-exhaustive list of elements to be considered by the court, namely