Topic: Enforcement

China’s accession to the Apostille Convention: Authentication procedure for foreign documents used in China to be greatly simplified

On March 8, 2023, China deposited an instrument for accession to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (also known as the “Apostille Convention”). Upon the scheduled implementation of the Apostille Convention in China on November 7, 2023, the expensive and time-consuming consular legalisation procedure that foreign … Continue reading

Trade mark ownership: As easy as A-B-C?

By Alyson Poole (AU) on March 28, 2022 Posted in Brands, Enforcement, Intellectual Property, Trademark

Trade mark ownership is an important consideration for any business. Ensuring that a business holds all rights to enable it to make full use of its trade mark should be front of mind in any branding consideration. Unfortunately however, while seemingly obvious, the concept of ownership is sometimes overlooked and can be more complex than … Continue reading

Combatting Online Copyright Infringement

By Sarah Pennington on October 30, 2021 Posted in Copyright, Enforcement, General

The Internet is a fantastic platform for the widespread dissemination and exchange of works and information. It is also an increasingly popular medium for infringers to illegally source and share copyrighted materials. Losing control over you work is not only frustrating, it can damage your business or brand. Fortunately, copyright law prohibits the unauthorized reproduction … Continue reading

NATIERRA: Presenting Fresh Evidence on Appeal

By Caroline Henrie (CA) and NRF Digital Team on February 17, 2021 Posted in Brands, Enforcement, Trademark

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

Passing off as Parsons: Injunction and Damages Granted to Halt Phishing Website

By Caroline Henrie (CA) on January 25, 2021 Posted in Advertising, Brands, Domain names, Enforcement, Trademark

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

Federal Court updates guidance on COVID-19

By Caroline Henrie (CA) and Brian R. Daley (CA) on January 22, 2021 Posted in Enforcement, Intellectual Property

On January 18, 2021, the Federal Court (FC) issued its latest COVID-19 Practice Direction, which supersedes all prior COVID-19 practice directions. The FC’s facilities in Ontario and Quebec have been closed in light of the recent public health measures to combat the pandemic. The FC will continue its operations remotely in these two provinces until … Continue reading

Federal Court issues new consolidated guidelines on complex proceedings

By Caroline Henrie (CA), Christopher Guerreiro (CA), Kristin Wall (CA) and Allyson Whyte Nowak (CA) on November 4, 2020 Posted in Enforcement

On October 22, 2020, the Federal Court (FC) issued new Case and Trial Management Guidelines for Complex Proceedings (the FC Guidelines). These new consolidated FC Guidelines address many of the topics raised in the following earlier FC Notices to the Profession: Case management: Increased Proportionality in Complex Litigation before the Federal Court (June 24, 2015); … Continue reading