The Plaintiff applied for an interlocutory injunction to stop
the personal Defendant and corporate Defendant, Alpha Neon Sign
Consulting Ltd., from using their business name, "Alpha
Neon". The Defendants compete with the Plaintiff and have been
using the Alpha Neon name in its competing business since 2013. The
question for this Court was whether the Defendants should be
enjoined from using the Alpha Neon name on the ground that they are
passing themselves off as the Plaintiff's Alpha Neon
The Court considered the three-part test for injunctive relief:
Has the Plaintiff shown a serious question to be tried? If so, does
the Defendants' conduct cause irreparable harm, and where does
the balance of convenience lie for an injunction as between the
Plaintiff and the Defendants? The Defendants conceded the first
point (serious question to be tried), but argued that they should
succeed on the second and third parts of the test.
The Court found that irreparable harm had been shown, and that the
balance of convenience rested with the Plaintiff. The injunction
was granted, and the Defendants were ordered to stop any and all
use of the Alpha Neon name. Costs were awarded in the cause.
The Patented Medicine Prices Review Board (PMPRB) has released a new report titled
"Generic Drugs in Canada, 2013", which compares the
prices of generic drugs and markets in Canada with those of other
Bill C-8, Combating Counterfeit Products Act, received
royal assent on December 9, 2014. More information is available here.
The Canadian Intellectual Property Office has issued a report entitled IP Canada Report 2016, discussing trends in IP use domestically, and by Canadians abroad, based on analysis of CIPO's internal data and those collected by the World Intellectual Property Organization.
The value of reliance on a trade-mark registration, as opposed to prior use, stands out sharply in the recent Federal Court of Appeal case of Pizzaiolo Restaurants Inc. v. Les Restaurants La Pizzaiolle Inc. ( 2016 FCA 256 October 28, 2016).
This is an appeal from the Federal Court's decision setting aside the Registrar of Trade-marks decision to the extent that it dismissed the applicant's opposition regarding the mark PIZZAIOLO and Design.
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