Elizabeth Williams (CA)

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Breaking new ground(s)? McDonald’s opposes “McMortgage” citing depreciation of goodwill

By Elizabeth Williams (CA) and NRF Digital Team on January 5, 2021 Posted in Brands, Trademark

For the first time ever, Canada’s Trademark Opposition Board (TMOB) has held that a ‘depreciation of goodwill’ claim can serve as a valid ground of opposition in trademark opposition proceedings. In doing so, the TMOB has arguably continued the recent trend in Canadian trademark jurisprudence of expanding the application of the depreciation of goodwill remedy … Continue reading

Online Brand Management: Avoiding Toxic Social Influencers

By Elizabeth Williams (CA) and NRF Digital Team on March 23, 2020 Posted in Advertising, General, Trademark

Online brand protection must be taken into consideration, particularly when faced with changing consumer behavior, market uncertainty and rampant misinformation. Social influencers with large audiences that value their opinions on consumer products and health regimes are a valuable tool for companies and governments looking to reach large online communities quickly. However, some influencers have been … Continue reading

Canadian patent and trademark agents acquire privilege

By Elizabeth Williams (CA) on July 8, 2016 Posted in Trademark

As of June 24, 2016 clients will enjoy the same level of privilege with their Canadian patent and trademark agents as they do with their lawyers. This statutory privilege applies retroactively to any confidential communications made prior to this date, but does not apply to ongoing actions or proceedings. Bill C-59 (An Act to implement … Continue reading