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IP Report 2021

Photo of Georgina Hey (AU)Photo of Maxine RichardBy Georgina Hey (AU) and Maxine Richard on Posted in General, Intellectual Property, Trademark
We would like to acknowledge the contributions of Rex Lee and Amy O’Brien in preparing this blog. Intellectual Property (IP) Australia published their 9th annual edition of the Australian IP Report (the IP Report) on 29 April 2021.  The IP Report, available here, offers a general overview of the current Australian IP climate. It outlines … Continue reading

Consultation Open for Australia’s Medical and Biotechnology Patent Box

Photo of Jackie O'Brien (AU)By Jackie O'Brien (AU) on Posted in General, Intellectual Property, Patents
On 5 July 2021, the Government released its Discussion Paper setting out the Government’s proposal and seeking views from key stakeholders. The paper will be open for submissions until 16 August 2021.   Now is the opportunity for stakeholders to put forward their suggestions as to what a patent box in Australia should entail. Patent boxes … Continue reading

Canadian Food and Beverage Industry Adopts Code for Advertising to Children

Photo of Mark Edward Davis (CA)By Mark Edward Davis (CA) on Posted in Advertising, General
Through a coalition of four industry associations, the Canadian food and beverage industry has committed to a Code for the Responsible Advertising of Food and Beverage Products to Children (the “Food and Beverage Advertising Code”).  A Guide for the Code for the Responsible Advertising of Food and Beverage Products to Children (the “Guide”) has also … Continue reading

Keezio v. The Shrunks: the Cost of a Counterclaim

Photo of Christopher WilsonBy Christopher Wilson on Posted in Copyright, General, Intellectual Property
A recent decision from the BC Supreme Court serves as a reminder both of the risk of getting sued for defamation for publicly alleging copyright infringement, including on Amazon, and also that companies may be required to post security for costs in order to proceed with copyright and other intellectual property (IP) claims. The decision … Continue reading

Canada’s Federal Court of Appeal: Site-blocking Orders are Here to Stay

Photo of Karen MacDonald (CA)By Karen MacDonald (CA) on Posted in General
The Federal Court of Appeal, in Teksavvy Solutions Inc. v. Bell Media Inc., 2021 FCA 100 (“Teksavvy”), affirmed an order compelling non-party Internet service providers (ISPs) to block access to websites of the pirated television streaming service GoldTV. This decision confirms that blocking orders are available in Canada as a remedy to limit access to … Continue reading

Amazon’s 2020 Brand Protection Report – What Brand Owners Need to Know

Photo of Sarah PenningtonPhoto of Mark Edward Davis (CA)By Sarah Pennington and Mark Edward Davis (CA) on Posted in Advertising, Brands, Counterfeiting, General, Intellectual Property, Trademark
On May 10, 2021, Amazon released its 2020 Brand Protection Report (the Report), the first of its kind published by the e-commerce giant. The Report offers insight into Amazon’s brand protection approach and efforts over the past year, including proactive controls, brand tools, and consequences for “bad actors”. With a growing number of fraudsters cropping … Continue reading

Emerging e-commerce trends in China and the potential impact on brands in a global marketplace

Photo of Georgina Hey (AU)Photo of Julie ZhuBy Georgina Hey (AU) and Julie Zhu on Posted in General
Background E-commerce has brought many opportunities for brands to expand their footprint and tap into global markets. However, it has also given rise to a myriad of intellectual property (IP) infringement issues for companies, particularly for trade mark infringement and counterfeit activity. As the e-commerce market has matured, new trends have emerged, posing fresh challenges … Continue reading

Canadian Trademarks Office Takes Steps to Address Backlog

Photo of Sarah PenningtonPhoto of Mark Edward Davis (CA)By Sarah Pennington and Mark Edward Davis (CA) on Posted in General
On May 3, 2021, the Canadian Intellectual Property Office (CIPO) published two new practice notices: (1) Measures to improve timeliness in examination; and (2) Requests for expedited examination.  These notices outline CIPO’s plan to help clear its backlog of trademark applications, and to facilitate expedited review in particular circumstances.  CIPO’s practice notices operate as general … Continue reading

Canada Consults on Online Copyright Reform

Photo of Colin Hyslop (CA)By Colin Hyslop (CA) on Posted in Copyright, General, Intellectual Property
On Wednesday, April 14, 2021, the Canadian government launched a consultation on “a Modern Copyright Framework for Online Intermediaries”, seeking comments from the public until May 31. The goal of this consultation is to “ensure that Canada’s copyright framework for online intermediaries reflects this evolving digital world.” Alongside the announcement of this consultation, the government … Continue reading

Revisions to PRC Medical Devices Regulations

Photo of Justin Davidson (HK)Photo of Stanley NgBy Justin Davidson (HK) and Stanley Ng on Posted in General
The PRC Regulations on the Supervision and Administration of Medical Devices (“Regulations”) have recently been amended and promulgated by the State Council. The new Regulations, which will be effective from 1st June 2021, provide some important changes of which the medical device industry should be aware. Under the current Regulations, a license to manufacture medical … Continue reading

Executive Order to breathe new life into Made-in-America rules

Photo of Andre Hanson (US)Photo of Saul Perloff (US)By Andre Hanson (US) and Saul Perloff (US) on Posted in Advertising, General
Federal acquisition law and regulations often require government agencies to give purchasing preference to domestic suppliers. These preferences—some of which have remained unchanged since the Eisenhower Administration—have not always been implemented consistently or effectively. That uncertain landscape may be about to change. On Monday, January 25, 2021, the Biden Administration issued an Executive Order setting … Continue reading

Chipping Away at Official Marks

Photo of Mat Brechtel (CA)By Mat Brechtel (CA) on Posted in General, Trademark
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

Federal Court of Appeal Reviews Meaning of “Use” of a Trademark in Canada

Photo of Mark Edward Davis (CA)Photo of Caroline Henrie (CA)By Mark Edward Davis (CA) and Caroline Henrie (CA) on Posted in General, Trademark
In Miller Thomson LLP v Hilton Worldwide Holding LLP, 2020 FCA 134, the Canadian Federal Court of Appeal recently confirmed that a trademark associated with “hotel services” was valid despite no brick-and-mortar presence in Canada.  More specifically, the Court acknowledged that providing incidental or ancillary services to the registered service can be considered to be … Continue reading

Domain Names and Online Trademarks: When is a Consumer Confused?

Photo of Bianca Pietracupa (CA)By Bianca Pietracupa (CA) on Posted in Advertising, Domain names, General
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 unregistered trademark of Cabanons Mirabel, and confusing domain names chosen by a competitor. Cabanons Mirabel … Continue reading

Comparing Apples and Oranges (and Pears?)

Photo of Mat Brechtel (CA)Photo of Patrick ChouBy Mat Brechtel (CA) and Patrick Chou on Posted in General
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

Where the Rubber Hits the Road: Damages for Canadian E-Commerce Copyright Infringement

Photo of Mark Edward Davis (CA)Photo of Colin Hyslop (CA)By Mark Edward Davis (CA) and Colin Hyslop (CA) on Posted in Copyright, General
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) is a wholesaler and direct-to-consumer supplier of aftermarket automotive components and accessories. It sells its products on its … Continue reading

COVID-19: Major risk flowing from non-exclusive IP licenses under German insolvency law

Photo of Tiffany ZillioxPhoto of Maximilian SchmitzPhoto of Regina RathBy Clemens Rübel, Tiffany Zilliox, Maximilian Schmitz and Regina Rath on Posted in General
The COVID-19 pandemic poses a major challenge for large parts of the economy, causing many companies to fail and a domino effect on other companies with which they had business relationships. Where a party to an IP license becomes insolvent and regular insolvency proceedings are commenced, an insolvency administrator will take over the management of … Continue reading

German Federal Constitutional Court rules on constitutional procedural rights of interim injunction defendants

Photo of Maximilian SchmitzPhoto of Tiffany ZillioxBy Maximilian Schmitz and Tiffany Zilliox on Posted in General
The German Federal Constitutional Court has handed down several landmark decisions which strengthen defendant rights in interim injunction proceedings (Federal Constitutional Court decision of  27 June 2020, case no. 1 BvR 1379/20; decision of 3 June 2020, case no. 1 BvR 1246/20; decisions of 30 September 2018, case no.  1 BvR 1783/17 and 1 BvR … Continue reading

Grey Goods and False Labels: Federal Court Grants Interlocutory Injunction in a Trademark Case

Photo of Mark Edward Davis (CA)Photo of Sarah PenningtonBy Mark Edward Davis (CA) and Sarah Pennington on Posted in Advertising, Counterfeiting, General, Trademark
In a recent trademark passing off case, TFI Foods Ltd. et al. v. Every Green International Inc., 2020 FC 808, the Canadian Federal Court granted an interlocutory injunction prohibiting the defendant from selling grey goods in Canada.  Specifically, the defendant was enjoined from using labels falsely identifying it as the exclusive manufacturer of certain imported … Continue reading

Goodwill Hunting: Herbs R Us depreciates the goodwill of Toys R Us

Photo of Karen MacDonald (CA)Photo of Iwan Davies (CA)By Karen MacDonald (CA) and Iwan Davies (CA) on Posted in Counterfeiting, General, Trademark
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 a completely different consumer space such that consumer confusion is unlikely. But where such mark … Continue reading

Brexit and the Ongoing Effects on Trademarks and Designs

Photo of Béatrice DuboisBy Béatrice Dubois on Posted in General
With less than six months until the end of the transition period (December 31, 2020), Boris Johnson’s government launched a major information campaign on July 13 known as “Check, Change and Go” to help individuals and businesses prepare for the Brexit reality. The United Kingdom’s withdrawal from the European Union will indeed have economic and … Continue reading
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