Mondaq Canada: Intellectual Property
Borden Ladner Gervais LLP
This was a motion to strike portions of the Plaintiff's statement of claim or, alternatively, for particulars in the Ontario Superior Court.
Goldman Sloan Nash & Haber LLP
In our newsletter article of March 2015 we discussed a decision of the Federal Court which had given little weight to the use of a design element consisting of an oval shaded background of a trademark.
Bereskin & Parr LLP
Litigation results are never fully predictable. That point is brought home clearly by a recent decision of the Federal Court in Heather Ruth McDowell v Laverana GmbH KG (2016 FC 1276, per Fothergill J.)
Torys LLP
On October 30, Canada signed the Comprehensive Economic and Trade Agreement (CETA) at the European Union-Canada Leaders' Summit.
Borden Ladner Gervais LLP
This was a motion to strike portions of the Plaintiff's statement of claim or, alternatively, for particulars in the Ontario Superior Court.
Clark Wilson LLP
To help achieve this goal, the Bill includes a number of proposed amendments to the Trade-marks Act in addition to other legislation.
Torys LLP
In another step towards implementing French language signage rules, the Government of Québec has announced that modifications to the Regulation respecting the language of commerce and business...
Torys LLP
Faisant un nouveau pas vers la mise en œuvre de règles sur l'affichage en français, le gouvernement du Québec a annoncé que des modifications au Règlement sur la langue du commerce et des affaires de la Chartes...
Stikeman Elliott LLP
The Federal Court's decision in the consolidated proceedings of Bayer Inc. v Cobalt Pharmaceuticals Company offers useful guidance as to the precedential value of proceedings...
Aitken Klee
Alcon then brought a motion to have Actavis' claims under the Statues of Monopolies struck as premature.
Marks & Clerk
The Supreme Court of Canada heard oral arguments on November 8, 2016 in an important appeal challenging the "promise of the patent" utility doctrine in Canada.
Bereskin & Parr LLP
The recent decision of the Opposition Board in Gowling Lafleur Henderson LLP v. Banks DIH Ltd1 highlights the importance of carefully describing goods and services to reflect...
Osler, Hoskin & Harcourt LLP
As first reported in our May 2016 Update, the amendments come after many years of attempts by the Office québécois de la langue française to require retailers to use French on exterior store signage.
Lindsay Kenney LLP
Owners of unregistered trademarks can sue for "passing off" however, owners of registered trademarks, in addition to being able to sue for "passing off", can bring actions in "infringement"...
Bereskin & Parr LLP
La Cour a entièrement accepté la procédure de procès sommaire et le calendrier proposés par les parties.
Aitken Klee
The Federal Court has reversed the Trade-marks Opposition Board in another decision dealing with the evidentiary standard applied in a section 45 proceeding.
Aitken Klee
In Maxwell Realty Inc. v. Omax Realty Ltd., Justice McDonald considered an ex-parte motion for default judgement for trade-mark infringement.
Borden Ladner Gervais LLP
The Ontario Court dismissed Pfizer's motion for leave to appeal from the decision dismissing its motion to strike out various claims, made by Apotex, for failing to disclose a reasonable cause of action.
Aitken Klee
Grey marketing is the practice of buying genuine branded products abroad and selling them in competition with a local distributor of the foreign vendor.
Norton Rose Fulbright Canada LLP
Nouvelle majeure dans le monde du brevet : la Grande-Bretagne ratifie l'Accord relatif à une juridiction unifiée du brevet.
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Aitken Klee
The Federal Court has reversed the Trade-marks Opposition Board in another decision dealing with the evidentiary standard applied in a section 45 proceeding.
Bereskin & Parr LLP
La Cour a entièrement accepté la procédure de procès sommaire et le calendrier proposés par les parties.
Lindsay Kenney LLP
Owners of unregistered trademarks can sue for "passing off" however, owners of registered trademarks, in addition to being able to sue for "passing off", can bring actions in "infringement"...
Goldman Sloan Nash & Haber LLP
A recent decision of the EU's highest court has confirmed that a Wi-Fi service provider is not responsible for copyright infringement that took place using the Wi-Fi services provided by them.
Aitken Klee
Grey marketing is the practice of buying genuine branded products abroad and selling them in competition with a local distributor of the foreign vendor.
Aitken Klee
In Maxwell Realty Inc. v. Omax Realty Ltd., Justice McDonald considered an ex-parte motion for default judgement for trade-mark infringement.
Smart & Biggar/Fetherstonhaugh
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.
Borden Ladner Gervais LLP
The Ontario Court dismissed Pfizer's motion for leave to appeal from the decision dismissing its motion to strike out various claims, made by Apotex, for failing to disclose a reasonable cause of action.
Marks & Clerk
After years of negotiations, the CETA between Canada and Europe was finally approved by all 28 European Union member states on October 28, 2016...
Goldman Sloan Nash & Haber LLP
A recent decision of the Federal Court found that use of the business name "Time Development Group" infringed a registration of the trademark TIMES GROUP CORPORATION.
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