Mat Brechtel (CA)

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Chipping Away at Official Marks

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 Ontario’s use of its … Continue reading

Are golf polos out of tune with the law?

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, most importantly, both … Continue reading

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 use in connection with Prepear, its meal prep app. Once the opportunity arose, Apple filed … Continue reading

July Update – Response from Canadian Courts to COVID-19

Canadian jurisdictions continue to relax social distancing measures and take steps towards resuming operations while maintaining safe practices. This post provides an update on the status of the courts across Canada. We will continue to provide updates as matters progress. Please feel free to reach out to our litigation team with any questions you may … Continue reading

Google Goes Organic to Fight Counterfeiters

In the midst of the global pandemic, Google has provided some welcome news in the ongoing fight against counterfeiters. Google recently updated its legal complaint system to allow trademark owners to report webpages that sell or promote the sale of counterfeit goods, and has committed to removing the webpages from the search engine’s organic (non-advertisement) … Continue reading

Courts Across Canada Continue Reopening Plans

Please see our updated version of this article, published July 10, 2020. Update – Response from Canadian Courts to COVID-19 As many Canadian jurisdictions begin to relax certain social distancing measures, it is time for an update on the status of the courts across Canada. As with the rest of us, the courts across Canada … Continue reading

Canadian Court Openings Begin – Closure Updates May 1

Please see our updated version of this article, published July 10, 2020. As a further update to our post earlier this week, the Federal Court and British Columbia Supreme Court issued updated notices, and Quebec has extended its declaration of a state of health emergency until May 6, 2020. We will continue to provide updates … Continue reading

Court Suspensions Continue, with Some Exceptions

Please see our updated version of this article, published July 10, 2020. An Update on the Response from Canadian Courts to COVID-19 We are now more than a month in to social distancing measures, and it is time for an update on the status of the courts across Canada. As with the rest of us, … Continue reading

Response from Canadian Courts to COVID-19

Please see our updated version of this article, published July 10, 2020. We know you have a lot to think about and plan right now and over the next few weeks. You can rely on us to keep your intellectual property litigation matters  moving forward.  To that end, we wanted to provide an update on … Continue reading

UPDATE ON COVID-19 : CIPO announces extensions in wake of outbreak in Canada

Given the many challenges faced by all businesses in dealing with the COVID-19 outbreak, the Canadian Intellectual Property Office (CIPO) has advised that it will relax filing deadlines for the remainder of March 2020.  This decision was first announced on March 16, 2020 and further updated yesterday, March 19, 2020. What you need to know All … Continue reading

Bill C-86 – Tinkering with official marks in Canada

In addition to its more substantive changes to IP law, budget implementation Bill C-86 also takes the opportunity to fix a curious, and perhaps unintended, aspect of Canada’s official marks scheme. Official marks are marks that appear on the trademark register once they are adopted by a public authority.  Unlike trademarks, which are subject to expungement … Continue reading
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