Over the last year or so most of the world has faced challenges arising from the global pandemic caused by COVID-19. Among other things, the pandemic has provided an opportunity for raising greater awareness around how companies address environmental and social challenges and has highlighted the importance of Environmental, Social and Governance (ESG) issues. In … Continue reading
In honour of International Women’s Day 2021 (IWD2021) it seems fitting to honour the iconic former Associate Justice of the Supreme Court of the United States, Ruth Bader Ginsburg (a.k.a RBG), who passed away on September 18, 2020. She was a trailblazer in fighting for gender equality in the legal arena and a force to … Continue reading
The author would like to thank Melissa Wells for her assistance in preparing this article. Last week, in Hidden Bench Vineyards & Winery Inc. v. Locust Lane Estate Winery Corp., 2021 FC 156, the Federal Court dismissed an application by Hidden Bench Vineyards & Winery Inc. seeking a declaration that it is the owner of … Continue reading
A recent decision of the Federal Court, Brandstorm, Inc. v Naturally Splendid Enterprises Ltd., 2021 FC 73, has confirmed that where “sufficiently substantial and significant” evidence is presented on review, the appeal of a decision of the Registrar of Trademarks (the Registrar) pursuant to section 56(5) of the Trademarks Act (the “Act”) can be done … Continue reading
The delays in Canadian trademark examination are becoming excruciating. The Trademarks Act and the Trademark Regulations provisions do not expressly provide for expedited examination of a Canadian trademark application. The long-standing practice of the Canadian Intellectual Property Office (“CIPO”) was to refuse requests for the expedited examination. Section 2.2 of the Trademark Examination Manual, the … Continue reading
According to the Shanghai Xinhua News Agency, the Shanghai Second Intermediate People’s Court handed down a first instance decision on 30 December 2020 in favour of Michael Jordan against Qiaodan Sports Company and Bairen Trading Company (both Chinese local companies) in respect of infringement of Michael Jordan’s name rights. In the lawsuit, Michael Jordan claimed … Continue reading
Last week, in Parsons Inc. v Khan, 2021 FC 57, the Federal Court found the owner of a phishing website liable for passing itself off as the Applicants’, Parsons Corporation and Parsons Inc. (“Parsons”). Parsons, a multinational engineering and construction firm with a Canadian subsidiary, has applied-for and used, but not yet registered, the PARSONS … Continue reading
Inherent distinctiveness is a measure of a trademark’s originality – those elements that make a brand unique and recognizable to the public. Trademarks indicate the source of goods or services for consumers. As such, distinctiveness is said to be the “essence of a protectable trademark and the foundation of trademark law”[1]. Canada Now Examines for … Continue reading
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
On October 15, 2020, the European Union Intellectual Property Network (EUIPN) has published its Common Practice No. 8 (CP8) about the ‘Use of a trade mark in a form differing from the one registered’. The CP8 provides guidelines and practical examples for users about the common standards to be applied by the EU Trademark Office … Continue reading
When thinking about the 2020 United States presidential election, burritos may not be the first image that pops into your mind. But companies in industries ranging from food and beverages to clothing apparel are using brand power to encourage people to vote in this year’s United States presidential election. This blog, while about the use … Continue reading