Canada: Canadian Trademark Cases 2017: Our Top Picks

In a year filled with significant trademark decisions on issues as varied as global injunctions, a confusing approach to the test for confusion, keywords and counterfeiting remedies, here are our top picks for 2017.

"The Internet Has No Borders": Worldwide Deindexing Injunction

In Google, Inc. v Equustek Solutions Inc., the Supreme Court of Canada upheld an order requiring Google to de-index websites globally, not just in Canada. Briefly, the operators of the websites had misappropriated confidential information, and misled consumers into believing the products sold on these sites were Equustek's products; the underlying facts, summary of the litigation history and our more fulsome commentary of this decision can be found here. Equustek obtained Court orders to address the misappropriation and misleading issues, but the operators of the websites refused to comply. Equustek asked Google to de-index the sites. Google agreed to help, and de-indexed the sites in Canada only. Equustek sought a Court order in Canada to require Google, a non-party to the underlying infringement case, to de-index the sites globally. Google resisted, and the issue ultimately went before the Supreme Court of Canada, where the Court saw Google as the "determinative player" in the harm occurring and found: "[t]he problem ... is occurring online and globally. The Internet has no borders — its natural habitat is global. The only way to ensure that the interlocutory injunction attained its objective was to have it apply where Google operates — globally."

The Supreme Court's decision has been praised by many as practical. It signals that justice is available on the Internet, without requiring legal proceedings in every country where a website may be available.

Use of Competitor's Trademarks in Keyword Advertising

In Vancouver Community College v Vancouver Career College (Burnaby) Inc., the British Columbia Court of Appeal overturned the decision of the trial judge and found the defendant liable in passing off for using a competitor's trademark in keyword advertising (a more fulsome commentary can be found here ). The Court of Appeal referred to the earlier decision of the Supreme Court of Canada in Masterpiece v Alavida Lifestyles, and held that the issue of confusion must be assessed as a matter of first impression — at the time when the search results first appear. Since the keywords resulted in the defendant/respondent's advertisements appearing on the same page as the appellant's listing, the Court of Appeal found that confusion was likely, even if such "confusion" is dispelled once the user clicked through the search results and arrived at the appellant's website.

It is worth noting, however, that the "first impression" test referred to in Masterpiece involved a traditional "bricks and mortar" business setting. By contrast, consumers in the "online world" can conceivably move quite easily "back" and "forth" with the click of a mouse to the desired website and eliminate any "initial" confusion.

It is also interesting to note that neither the trial judge nor the appeals court considered whether the defendant (respondent) "used" the plaintiff's marks in a trademark sense —generally a requirement in a passing off action.

Leave to appeal the Vancouver decision was filed with the Supreme Court of Canada in March of 2017 with arguments focused on the timing for the assessment of confusion under Canadian trademark law, particularly as it relates to online issues. The Court dismissed the application on January 18, 2018, without reasons.

Registered Trademark May not be Defence to Infringement

In Group III International Ltd. v Travelway Group International Ltd., the Federal Court of Appeal overturned the lower court's decision and granted the plaintiff, Wenger S.A. (i) a permanent injunction prohibiting the defendant, Travelway, from using its registered trademarks on its luggage products; (ii) a declaration of infringement of Wenger's trademark registrations; and (iii) an order that Travelway deliver up its luggage products for destruction. Notably, the Federal Court of Appeal did not expunge Travelway's trademark registrations that were found to infringe Wenger's, nor did it issue an order for damages, referring these matters back to the lower court for further submissions. The decision has resulted in a perplexing outcome: trademark registrations found to be confusing nevertheless continue to co-exist on the Trademarks Register.

The facts of this case were summarized in our 2016 Canadian Case Law Review, available here, which discussed the lower court decision in which Wenger's application for, inter alia, a declaration of infringement and expungement of Travelway's registrations, was dismissed in its entirety.

The Federal Court of Appeal's decision is noteworthy in that it suggests a valid trademark registration may not be a complete defense to claims of infringement and passing off, and represents a notable departure from earlier case law.  It also leaves open the question of whether such trademark registrations could be relied on to take action against other parties. Further, leaving confusing marks on the Register will add considerable uncertainty to trademark clearance searches. However, the case remains ongoing pending the lower court's consideration on the issues of expungement and damages.

The Requirement for a Mark to Mark Confusion Analysis

In Benjamin Moore & Co. Limited v Home Hardware Stores Limited, the Federal Court of Appeal overturned a decision of the Federal Court that had granted an appeal of an Opposition Board decision. Benjamin Moore had applied to register two BENJAMIN MOORE NATURA trademarks for paint.  Home Hardware opposed based on confusion with its pleaded family of NATURA trademarks. That family included seven registered marks covering cleaners and other typical hardware store goods, and also included two NATURA trademark applications, one of which covered paint. The Opposition Board rejected the oppositions. Home Hardware appealed and filed new evidence in the Federal Court proceeding. The Federal Court found that confusion was likely, and allowed the appeal.  It was then Benjamin Moore's turn to appeal. The Federal Court of Appeal found that the judge below had made errors of law (which it reviewed on a correctness standard) by not applying a proper "mark to mark" confusion analysis, and by not taking into account the relevant material dates for each ground of opposition. In assessing likelihood of confusion between the parties' marks associated with paint, the Federal Court judge was found to have erred by relying on evidence of actual sales -- this was wrong because neither party was selling paints under these trademarks at the applicable material date.  The case was referred back to the Federal Court for redetermination.

No Confusion Between PINNACLE Marks Covering Different Alcoholic Beverages

The Federal Court of Appeal in Domaines Pinnacle Inc. v Constellation Brands Inc. et al., provides an interesting counterpoint to the Diageo case noted below. The appellant was a Quebec-based producer of apple-based alcoholic and non-alcoholic beverages and other apple products. The respondents were subsidiaries of Constellation Brands, a United States-based producer and distributor of wines. 

In restoring the decision of the Trademarks Opposition Board, the Federal Court of Appeal held that an application for the trademark DOMAINE PINNACLE & Design, is unlikely to cause confusion with the registered mark PINNACLES covering wines, since the visual element of the two marks was sufficiently different, and each mark suggested different ideas.  The design mark is shown below:

The Federal Court, on review, determined that the Board erred by not considering the potential uses that the respondents might have made of their registered mark, as required by the Masterpiece decision of the Supreme Court of Canada. The Federal Court then applied the correctness standard of review, and decided the issue of confusion in the respondents' favour.

The Federal Court of Appeal overturned that decision, first noting that the Federal Court should have applied a reasonableness, rather than correctness standard. The Federal Court of Appeal then looked at the Board's underlying decision on that standard, and held the full scope of the rights granted for the PINNACLES mark would not permit the respondents to use the distinctive graphic elements — the apple and snowflake design — that the Board identified as being central to the distinctiveness of the appellant's mark and avoidance of confusion with the respondents' mark.

The Federal Court of Appeal also noted that "Pinnacle" was a commonly used term with little distinctiveness. Therefore, the Court held that the design context must play a greater role in distinguishing the respondents' mark from the numerous other registered marks in Canada that feature the word "Pinnacle".

No Infringement of Registered Trademarks Dominated by Descriptive Term

The decision in Venngo Inc. v Concierge Connection Inc. (Perkopolis), relates to Venngo's action against CCI over use of the trademark PERKOPOLIS, which was alleged to infringe Venngo's rights arising from six trademark registrations for various "PERKS" suffix marks (e.g. MEMBERPERKS, WORKPERKS, etc.). Both parties used their marks in the context of providing companies with incentive programs for their employees. Venngo's claims were dismissed at trial. Venngo appealed in relation to its passing off claim, and its infringement and depreciation of goodwill claims under the Trade-marks Act. The Federal Court of Appeal reviewed the trial judge's finding, saw no palpable and overriding error, and therefore declined to intervene on the merits (but did allow Venngo's appeal in relation to the costs ruling). There was no error in dismissing the depreciation of goodwill claim on the basis that display of the phrase "MEMBER PERKS INCLUDE" on CCI's websites was not "use as a trademark."  The trial judge had also found that the parties' marks were not confusing for reasons including:  (1) regarding resemblance, the only point of similarity between the marks was the word "perk," which is a generic term for the services at issue; (2) Venngo's marks lacked inherent distinctiveness, and had not been shown to have acquired distinctiveness; (3) the Trade-marks Office had not raised a confusion objection based on Venngo's marks in examining CCI's application to register PERKOPOLIS; (4) the evidence of actual confusion was not compelling -- such evidence is not "a trump card" that leads to a finding of confusion under s. 6 of the Act; and, (5) the customer is typically a senior HR professional who chooses a program only after conducting research. On the costs ruling, however, the trial judge was found to have committed a legal error in assessing CCI's written offer to settle.  The offer did not meet the criteria set out in the jurisprudence and the Court's Rules because the only element of compromise was the provision on costs, but that provision did not remain open until the commencement of trial. The costs award was therefore set aside and referred back to the trial judge for redetermination. 

Rare Interlocutory Injunction Granted in a Trademark Case

The Federal Court rarely grants interlocutory injunctions in trademark cases, but one was granted in Sleep Country Canada Inc. v Sears Canada Inc.  The Court held that the impossibility of quantifying damages supported a finding of irreparable harm, and, following many recent Federal Court decisions, was prepared to rely on its own analysis of the facts, as opposed to expert evidence, to find that the defendant's slogan was confusing.

Since 1994, Sleep Country has used the slogan WHY BUY A MATTRESS ANYWHERE ELSE in TV, radio, print, and online advertising, and owns two trademark registrations for the slogan. Evidence showed the slogan had acquired national recognition of "iconic" proportions. In July 2016, Sears began advertising "THERE IS NO REASON TO BUY A MATTRESS ANYWHERE ELSE" in online flyers and social media. Despite a demand letter alleging infringement, Sears refused to stop.

The decision turned on a number of key holdings. First, Justice Kane held that there is "no need" for expert evidence when assessing likelihood of confusion. This continues the trend that limits the usefulness of expert evidence on that issue, which began with the Supreme Court of Canada's rejection of survey evidence in the Masterpiece v Alavida decision.

Second, the holding turned on the impossibility of proving damages at trial. The Court acknowledged the difficulty faced by the moving party in meeting the irreparable harm requirement, and acknowledged that irreparable harm can be shown when the defendant's infringing conduct is mixed with other non-infringing actions, making proof of damages unquantifiable.

Third, Justice Kane distinguished earlier decisions where interlocutory injunctions were denied by noting that Sears was using a slogan versus selling an infringing product. This distinction could limit the applicability of this decision to future cases, although it is not clear why the issue of irreparable harm would be viewed differently depending on how the trademark is employed.

Captain Morgan Strikes a Blow Against Infringers

Diageo is one of the world's largest producers of spirits, and sells several varieties of rum under the CAPTAIN MORGAN trademark. Each variety bears a label containing a fanciful depiction of Sir Henry Morgan, a 17th century privateer.

Heaven Hill is the largest independent family-owned and operated distilled spirits producer in the U.S., and sells five ADMIRAL NELSON'S rum varieties. Each variety bears a label with a fanciful depiction of Vice Admiral Horatio Lord Nelson, a British naval officer in the late 18th and early 19th centuries.

ADMIRAL NELSON's rum products and CAPTAIN MORGAN rum products have both been sold in the United States since 1998.

Diageo sued Heaven Hill in Canada for passing off, trademark infringement, and deprecation of goodwill. The principal rum products in dispute look like this:

Forthe passing off claim, the Court found for Diageo, holding that a casual or ordinary purchaser of rum products would likely be confused as to the source of ADMIRAL NELSON'S rum products as currently packaged and sold in Canada. This holding was based, in part, on survey evidence tendered by Diageo. The survey showed that 23% of the test group had a misapprehension as to source, whereas only 7% of the control group did so. The most frequent reason given by the test group participants for inferring the same source as CAPTAIN MORGAN was the character displayed on the label.

The Court also held in favour of Diageo for the trademark infringement claim. Having regard to the factors set out in subsection 6(5) of the Trade-marks Act, and the evidence adduced at trial, including the survey evidence, the Court held that there is a likelihood of confusion between the characters on the bottle labels for the ADMIRAL NELSON'S rum products and but one of Diageo's registered trademarks. Again, the Court focussed on the degree of resemblance between the ADMIRAL NELSON character and Diageo's registered trademarks, and the effect that would likely have on the first impression of a somewhat hurried consumer, with imperfect recollection, of the CAPTAIN MORGAN trademarks.

Finally, the Court held that while Heaven Hill did not actually use any of Diageo's trademarks, use of its ADMIRAL MORGAN composite mark was likely to have the effect of depreciating the value of the goodwill attaching to all but one of Diageo's registered trademarks, "since ADMIRAL NELSON'S composite trademark directly competes with nine of Diageo's trademarks in the market for rum products in three Canadian provinces".

Consumer Complaint Websites

In United Airlines v Cooperstock, the Federal Court dealt with trademark and copyright claims in the context of a consumer complaint website. The defendant, Cooperstock, after a negative personal experience with United Airlines, launched the website "untied.com" that provided consumers with an online forum for complaints about United Airlines. The defendant subsequently added a logo to the website that resembled the globe logo used by United Airlines with a super-imposed "frown" design. In response to United Airline's demands for changes to the website, Cooperstock added the disclaimer "This is not the website of United Airlines", along with the notation "an Evil Alliance Member". 

United Airlines sued for trademark infringement, passing off, depreciation of goodwill, and copyright infringement. It succeeded on all counts. The Court's finding that the defendant had "used" the "UNTIED" mark as a trademark (generally understood to be a designation of origin or source), and that the "untied.com" complaints website provided a "service" much like a consumer help line (even though there was no commercial activity), was a departure from earlier jurisprudence and may provide ammunition for trademark owners concerned with the impact of complaint websites.

Trademark Opposition based on Date of First Use claimed in the Application  

In Les Marques Metro / Metro Brands S.E.N.C. v 1161396 Ontario Inc., the Federal Court took a close look at the requirements of s. 30(b) of the Trade-marks Act in the context of an appeal of an Opposition Board decision. First, regarding the degree of deference owed to an Opposition Board's decision, if a clear question of law cannot be readily extricated from a mixed question of fact and law, then the reasonableness standard of review will apply on an appeal under s. 56 of the Trade-marks Act.  Here, the Opposition Board's interpretation of s. 30(b) was found to be a mixed question of fact and law.  Next, the Court concluded that while a trademark application need only state a date of first use for each general class of goods or services, s. 30(b) requires the mark to have been used with each of the specified goods or services prior to the filing date of the trademark application. However, the date of first use for each of the specific goods or services in the general class may vary (i.e., use need not have commenced with all of them by the date claimed for the general class).  Finally, considering the objectives of the Trade-marks Act, s. 38 must be interpreted to allow the Opposition Board to issue split decisions (i.e., to refuse the application for some but not all of the goods or services).

Significant Punitive Damages Award Arising From the Sale of Counterfeit Goods Upheld

In Lam v Chanel S. de R.L., the Federal Court of Appeal upheld a $250,000 punitive damages award arising from the sale of counterfeit goods. In dismissing the appeal, the Court found that there was "no merit" in the argument that there should be a limiting ratio as between the amount of compensatory damages and punitive damages—in the decision appealed from, compensatory damages were set at $64,000, about one-quarter of the punitive damages award.  The Court specifically found that the award was "consistent with the objectives of punitive and exemplary damages — retribution, deterrence and denunciation", finding that a number of facts going to the defendants' conduct supported the conclusion that the punitive damages award was "rationally required to punish" the misconduct. The misconduct included: the vulnerability to, and erosion of, the plaintiffs trademark rights arising from counterfeiting; the defendants' attempts to mislead the Court; the fraudulent transfer, after the filing of the Statement of Claim, of ownership of the defendants' company to avoid liability; the defendants' recidivist conduct in light of previous orders; and the defendants' awareness of the unlawful nature of the activity.

Lifting the Corporate Veil, and Punitive Damages, in the Face of Trademark Infringement

In Asics Corporation v 9153-2267 Québec Inc. et al, the Federal Court also awarded punitive damages arising from trademark infringement. Asics had obtained a default judgment for the infringement. A third party sought relief in respect of the execution of a writ of seizure and sale related to the default judgment. The Court dismissed the relief sought. In doing so, the Court also lifted the corporate veil of the third party, to allow Asics to execute the default judgment against the third party, and awarded punitive damages against the third party in respect of the motion, set at $20,000. The Court, in an approach similar to that in Lam v Chanel S. de R.L., saw the "serial and cavalier nature of [the third party's] attempts to evade orders issued by this Court" as a notable factor in its punitive damages award.

Use in a Section 45 Proceeding Proven by Distributing Samples

In Estee Lauder Cosmetics Ltd. v Sharlene Loveless, the validity of the ENLIGTHEN trademark registration was at issue. It has been ordered expunged by the Registrar. With new evidence, Estee Lauder advanced two arguments. First, that an agreement with a Canadian retailer within the relevant period to purchase the ENLIGHTEN goods at a specific price to be delivered by a specific date, in the context of an existing commercial relationship, constitutes a transfer of the property in the goods and hence "use". The Court rejected this argument. However, the Court held that the distribution of samples of goods bearing the ENLIGHTEN mark to Canadian retailers during the relevant period, followed by the securing of orders during the relevant period, constituted "use", and the shipping and receipt date (which occurred after the relevant period) was not relevant.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Susan Keri
R. Scott MacKendrick
Similar Articles
Relevancy Powered by MondaqAI
McMillan LLP
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
McMillan LLP
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions