This is an appeal pursuant to section 56 of the Trade-marks
Act. The Trade-marks Opposition Board (the "Board")
refused the application for the trade-mark NATURE'S SOURCE,
finding a likelihood of confusion with the trade-mark
Both parties filed further evidence before the Court, but the
Court found that this additional evidence was not material, would
not have affected the Board's decision and the appropriate
standard of review was accordingly one of reasonableness.
The Court determined that the decision made by the Board was
reasonable and dismissed the appeal. One of the issues to be
reviewed by the Court was the nature of the two businesses: the
applicant operates retail stores that sell vitamins and other
supplements whereas the respondent manufactures and sells healthy
snack foods. The Court found that the Board understood the nature
of both businesses and its decision that there is an overlap
between the applicant's services and the respondent's wares
Interlocutory Injunction Granted in Trade-mark
This is an application to the Queen's Bench for Saskatchewan
for an interlocutory injunction to prevent the Defendant from using
the Plaintiff's business name and/or trademark, Global
The Court found there was a serious issue to be tried; both
parties have been attempting to use the same term, Global
Healthcare Connections. The Court found irreparable harm to the
Plaintiff in that it was apparent that the Plaintiff has suffered
loss of business and goodwill. Finally, the Court held that the
balance of convenience favours the Plaintiff because the Plaintiff
is trying to start a new business using "Global Healthcare
Connections". The Court granted the injunction.
Supreme Court of Canada Grants Leave to Appeal in
Private Label Drug Cases
The Supreme Court of Canada granted leave to appeal from a
decision in the Ontario Court of Appeal in two cases relating to
legislation addressing private label drugs. The Supreme Court's
summary indicates that the cases relate to the amendments made to
regulations that prohibit pharmacies from using their own non-arms
length companies for generic drugs.
McCartney & Lennon, Jobs & Wozniak, Watson & Crick. We are all looking for synergistic collaborations. In life sciences, some of those collaborations may be with your employees, independent contractors or corporate research partners.
A recent decision of the Federal Court of Canada has highlighted the difficulties in asserting trademark and copyright rights related to the appearance of functional products with unique design elements.
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