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
Global interactive guide on computer-implemented inventions
Computer technologies are developing at a rapid pace and impacting on all sectors of the global economy. Inherent in this epochal shift towards and beyond the Information Age is a need for inventors of information technology to protect their computer-implemented inventions (CIIs).
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
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
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
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,
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
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
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.
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