For many people the word “BOSS” on a piece of clothing evokes the German luxury fashion house Hugo Boss. (Employers usually don’t need to affix a BOSS mark on their clothes to signal their position.)
Yet for some, especially in
NRF Digital Team
Domain Names and Online Trademarks: When is a Consumer Confused?
By NRF Digital Team on
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…
Where the Rubber Hits the Road: Damages for Canadian E-Commerce Copyright Infringement
By NRF Digital Team on
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…
The Quebec Superior Court declines to issue a Norwich order to identify the supplier of grey market perfumes
By NRF Digital Team on
In a recent judgment, the Quebec Superior Court denied a request for an order against a wholesaler/retailer to identify the suppliers of branded products obtained via parallel importation and sold in Quebec without the brand owner’s authorization. The brand owner…
Goodwill Hunting: Herbs R Us depreciates the goodwill of Toys R Us
By NRF Digital Team on
Trademark owners often face challenges when attempting to enforce against non-confusing third party trademark use, for example, where someone has adopted a “parody” mark, where the mark may be similar trademark, or have the same ‘look and feel’, but in…
Think bankruptcy will save you? Think again, counterfeiters
By NRF Digital Team on
One of the most oft heard “defence” from a purveyor of counterfeit goods, when faced with the prospect of a significant damages award, is “I’ll just go bankrupt”. The threat being that, unless the right holder lets the counterfeiter off…
Canada’s Trademark Overhaul – 1 year out
By NRF Digital Team on
On June 17, 2019, Canada’s trademark regime went through the most significant changes in over 50 years. Where have we landed, a year after the new provisions came into force?
One thing seems certain: Canada’s Trademark Examiners are loving the…
Ready, set, Zoom! Trials in the time of COVID-19
By NRF Digital Team on
On May 21, 2020, in Rovi Guides, Inc. v Videotron Ltd., the Federal Court of Canada took an important step forward in its digital evolution, setting the parameters for a remote trial to be conducted by videoconference, following a…
Be careful how you ask – Canadian court considers demand letters
By NRF Digital Team on
In the recent decision, Fluid Energy Group Ltd v Exaltexx Inc, 2020 FC 81, the Canadian Federal Court granted an interlocutory injunction prohibiting a plaintiff patent holder in a patent infringement action from sending cease and desist letters…
Federal Court of Canada Further Extends Suspension Period But Remains Ready for Action(s)
By NRF Digital Team on
The Federal Court of Canada has just issued a new Practice Direction and Order (COVID-19): Update #2 (April 29, 2020). The April 29 Practice Direction amends the Court’s previous Updated Practice Direction and Order (COVID-19), dated April 4,…