Robyn McLaren (CA)

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(Don’t) knock it off!

The prevalence of counterfeit goods in Canada reflects weak laws and almost non-existent criminal enforcement within the country, resulting in an appearance of very limited protection for the intellectual property rights of brand owners. As discussed in a recent post on the topic, Canada has once again been named to the “Priority” Watch List in … Continue reading

Cosmetic Warriors Lose Trademark Battle – No Use in “the Normal Course of Trade”

A Canadian trademark registered in association with goods must be used in “the normal course of trade”. Riches, McKenzie & Herbert LLP v. Cosmetic Warriors Limited, 2018 FC 63, considered whether Cosmetic Warriors’ registered trademark, LUSH, was used in association with t-shirts in the normal course of trade.  Cosmetic Warriors sold the t-shirts to employees for promotional purposes. On the evidence, Justice Manson concluded … Continue reading
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