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

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

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

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

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

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

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

July Update – Response from Canadian Courts to COVID-19

Canadian jurisdictions continue to relax social distancing measures and take steps towards resuming operations while maintaining safe practices. This post provides an update on the status of the courts across Canada. We will continue to provide updates as matters progress. Please feel free to reach out to our litigation team with any questions you may … Continue reading

Implementation of the Madrid Protocol in Hong Kong

On 19 June 2020 Hong Kong gazetted the Trade Marks (Amendment) Ordinance, paving the way for the application of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) in Hong Kong.  This follows on from the outcome of a public consultation conducted back in 2014. Currently, there are 106 … Continue reading

Canada’s Trademark Overhaul – 1 year out

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 new “non-distinctive” objection.   It has become the objection du jour, and sometimes appears to be … Continue reading

Google Goes Organic to Fight Counterfeiters

In the midst of the global pandemic, Google has provided some welcome news in the ongoing fight against counterfeiters. Google recently updated its legal complaint system to allow trademark owners to report webpages that sell or promote the sale of counterfeit goods, and has committed to removing the webpages from the search engine’s organic (non-advertisement) … Continue reading

Insights from the Australian Intellectual Property Report 2020

Intellectual Property (IP) Australia published their 2020 edition of the Australian IP Report (the IP Report) on 24 April 2020. The IP Report, which can be accessed here, provides a current overview of the IP sector in Australia and the latest data on the IP rights (IPR) administered by IP Australia. Reports such as the … Continue reading

Singapore leads the way on promoting its IP Hub

The Intellectual Property Office of Singapore (IPOS) made headlines recently when its Chief Executive, Daren Tang, was appointed as the next Director-General of the World Intellectual Property Organisation with effect from 1 October 2020 (see this link for more information). As Chief Executive of IPOS since November 2015, Daren has earned accolades for several initiatives … Continue reading

Canadian Intellectual Property Office Further Extends Deadlines to July 6, 2020

The Canadian Intellectual Property Office (CIPO) has announced a further extension of deadlines to July 6, 2020. All statutory deadlines under the Patent Act, the Trademarks Act, and the Industrial Design Act falling between March 16, 2020 and July 3, 2020 are now automatically extended to July 6, 2020 as a result of the ongoing … Continue reading

Courts Across Canada Continue Reopening Plans

Please see our updated version of this article, published July 10, 2020. Update – Response from Canadian Courts to COVID-19 As many Canadian jurisdictions begin to relax certain social distancing measures, it is time for an update on the status of the courts across Canada. As with the rest of us, the courts across Canada … Continue reading

Canadian Intellectual Property Office Further Extends Statutory Deadlines to June 15, 2020

The Canadian Intellectual Property Office (CIPO) announced that it has further extended deadlines to June 15, 2020. In order to reduce the impact of COVID-19 and ensure intellectual property owners are not prejudiced by the pandemic, CIPO has further extended deadlines under the Patent Act, the Trademarks Act and the Industrial Design Act to June … Continue reading

Canadian Intellectual Property Office Further Extends Statutory Deadlines to June 1, 2020

The Canadian Intellectual Property Office (CIPO) has announced a further extension of deadlines to June 1, 2020. CIPO is working hard to continue operations as usual in these unforeseen circumstances. To ensure Canadian intellectual property owners do not have their rights compromised by the Covid-19 pandemic, CIPO has extended statutory deadlines that fall between March 16 … Continue reading

Demand may be booming, but are breaches looming? We discuss compliance with Australian Country of Origin labelling regulations in the context of COVID-19

In recent articles, we have commented on the Australian Competition and Consumer Commission’s (ACCC) Country of Origin (COO) labelling regulations as they relate to food packaging and more recently, the ACCC’s focus for 2020 on misleading or deceptive claims relating to food packaging.  Our previous articles can be reviewed here and here.… Continue reading

Be careful how you ask – Canadian court considers demand letters

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 to suppliers associated or involved with the defendant alleged infringer. This decision builds upon other recent Canadian … Continue reading

Federal Court of Canada Further Extends Suspension Period But Remains Ready for Action(s)

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, 2020. The April 29 Practice Direction confirms that, subject to certain exceptions, no hearings will be held until June … Continue reading

Canadian Intellectual Property Office further extends deadlines to May 18, 2020

The Canadian Intellectual Property Office (CIPO) announced today that it has further extended deadlines under the Patent Act, the Trademarks Act and the Industrial Design Act to May 18, 2020. While Canadian intellectual property owners should always consult with their professional advisors concerning specific deadlines, the general effect of CIPO’s designation means that deadlines falling … Continue reading
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