The decision of Bacardi & Company Limited v Dickinson Distribution Group Pty Ltd [2020] ATMO 117 (1 July 2020) confirms the acceptance of the similarity between goods in classes 32 and 33, and in particular accepts that gin is similar to beer. Hence, it is vitally important for owners of marks registered in classes 32 and 33 to monitor for any potentially infringing marks in the wider beverage market.
September 2020
Comparing Apples and Oranges (and Pears?)
The saying goes you can’t compare apples and oranges, but technology giant Apple is arguing that you can compare, and even confuse, apples and pears.
In late 2019, Super Healthy Kids applied to register a pear-shaped trademark in Canada for…
Global interactive guide on computer-implemented inventions
Computer technologies are developing at a rapid pace and impacting on all sectors of the global economy. Inherent in this epochal shift towards and beyond the Information Age is a need for inventors of information technology to protect their computer-implemented inventions (CIIs).
Where the Rubber Hits the Road: Damages for Canadian E-Commerce Copyright Infringement
In Rallysport Direct LLC v 2424508 Ontario Ltd, 2020 FC 794, the Canadian Federal Court awarded $357,500 in statutory damages and $50,000 in punitive damages for infringement of copyright in 1,430 photographs.
Background
Rallysport Direct LLC (RSD…
COVID-19: Major risk flowing from non-exclusive IP licenses under German insolvency law
The COVID-19 pandemic poses a major challenge for large parts of the economy, causing many companies to fail and a domino effect on other companies with which they had business relationships. Where a party to an IP license becomes insolvent…