Below is an excerpt from
John McKeown's September 2016 Monthly IP
A brand has to be linked with a business strategy. The brand
strategy must support the business strategy. As many have observed
brand thinking should not begin with a product or a product class
but with a need. For example, a green and healthy lawn is the
starting point not grass seed. The product or service must be the
primary brand communication. To be effective, the offering must
provide competitive functional performance.
Control of distribution channels can be an important element of
brand management strategy. For example, a brand owner may enter
into multiple licences that grant the exclusive right to distribute
branded products in specified areas while prohibiting sale outside
those areas. However, with new technologies there has been a
proliferation of new channels of distribution and some existing
channels are fragmented. At one time some banking services were
only available at a bank; now they are available at branches, by
telephone or through the Internet. This phenomena is referred to as
the omni channel marketplace.
The control of distribution may also require refusing to supply
products from time to time. In some cases there are constraints on
this course of action. The Competition Act provides that a
person who, despite being willing and able to meet the usual trade
terms of distributors of a product that is in ample supply, is
unable to obtain adequate supplies of the product because of
insufficient competition among distributors, can apply to the
Competition Tribunal for an order compelling the distributor to
supply the product on usual trade terms. In order to obtain such an
order the affected person must first obtain leave from the Tribunal
to bring an application, by showing that the refusal to supply
either precludes the applicant from carrying on business or has a
direct and substantial effect on its business and that the refusal
to deal is also having or is likely to have an adverse effect on
competition in a market.
The Federal Court dismissed a motion by Apotex seeking particulars from Allergan's pleading relating to the prior art, inventive concept, promised utility and sound prediction of utility of the patents at issue.
Last year we saw the Canadian Courts release trademark decisions that granted a rare interlocutory injunction, issued jailed sentences for failure to comply with injunctive relief, grappled with trademark and internet issues...
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