Trademark Decisions
Injunction preventing use of mark not available where use in the US, and not Canada
HERTZ System, Inc. v. HERC Equipment
Rentals, 2016 FC 1085
The Court dismissed the Defendant's motion for an interim
and/or interlocutory injunction restraining the Plaintiffs,
inter alia, from using any trademarks that are confusingly
similar to any of HERC Trademarks. The parties had business
dealings for about 15 years. In 2014, the Plaintiff announced its
plan to make its equipment rental business a stand-alone business
and further announced that this stand-alone business would be known
as Herc Rentals.
In dismissing the Defendant's injunction, the Court found the
Plaintiff's evidence that it will only use the Herc name in the
United States, and not Canada, strongly supported the conclusion
that confusion in Canada is unlikely. On this basis, the Court was
not persuaded that any urgency existed that would warrant granting
this interim injunction, or that the Defendant would suffer
irreparable harm if an injunction was not granted.
Supreme Court Updates
On October 31, 2016, the Honourable Mr. Justice Malcolm Rowe was
sworn in as a judge of the Supreme Court of Canada.
Amgen Canada Inc., Amgen Inc. v. Apotex Inc., Minister of Health (FC) (Civil) (By Leave) (37124)
The Supreme Court granted the motion to expedite the application for leave to appeal and dismissed the application for leave to appeal from the judgment of the Federal Court of Appeal (2016 FCA 196, our summary provided here).
Industry News
Health Canada has published a Notice - Guidance Document: Patented Medicines
(Notice of Compliance) Regulations.
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