Mondaq Canada: Intellectual Property
Deeth Williams Wall LLP
In Wenger SA v Travel Way Group International Inc (2016 FC 347), the Federal Court dismissed an application by Wenger S.A. (Wenger) alleging passing off and infringement of its Cross Logo trade-mark.
Deeth Williams Wall LLP
On August 9, 2016, Amgen Canada Inc (Amgen) filed an application for leave to appeal to the Supreme Court of Canada from the Federal Court of Appeal (FCA) decision in Amgen Canada Inc v Apotex Inc.
Gilbertson Davis LLP
As fashion industry observers may be aware, Chanel is highly protective of its intellectual property. In a decision released last week the Federal Court reaffirmed an earlier decision awarding Chanel substantial damages and costs for trademark infringement.
Borden Ladner Gervais LLP
The Federal Court of Appeal has dismissed Nova's appeal of an earlier finding that it had infringed Dow's patent relating to polyethylene used to make film products (2014 FC 844).
Field LLP
On the long and sometimes bumpy road of patent prosecution, a Notice of Allowance can be a welcome sign that you are nearly at your destination: a granted patent.
Field LLP
The recent decision in Andrews v. 1625531 Alberta Ltd. et al, 2016 FC 624 (June 3, 2016), considered this question in the context of a claim by an ex-employee, Mr. Andrews...
Field LLP
Canadians drink a lot of beer. The number of licensed breweries in Canada has risen 100% over the past five years to over 600.
Goldman Sloan Nash & Haber LLP
A recent decision of the Federal Court affirmed the Trademarks Opposition Board's decision to allow an opposition as a result of bad faith on the part of the applicant.
Goldman Sloan Nash & Haber LLP
A recent decision of the Federal Court reaches a surprising result concerning a claim for infringement of a registered trademark.
Goldman Sloan Nash & Haber LLP
A recent decision of the Federal Court considered an assertion of patent infringement that had been made to the defendant's customer.
Goldman Sloan Nash & Haber LLP
A recent decision of the Court of Justice, the European Union's highest court, considers the situations when posting a link on the Internet can constitute copyright infringement.
Norton Rose Fulbright Canada LLP
Football season is upon us, and fans of the Seattle Seahawks were no doubt celebrating the thrilling 12-10 victory over the Miami Dolphins during their first game of the season on Sunday, September 11, 2016.
Field LLP
If you've ever taken piano lessons then titles like "Bozo's Flippity-Flop", "Shooting Stars" and "Little Elves and Pixies" may be familiar.
Bereskin & Parr LLP
2017 will mark the 150th anniversary of Canadian confederation. The government of Canada has already started the countdown, and many businesses are preparing to join in the celebrations.
Bereskin & Parr LLP
Earlier this year, the Canadian Competition Bureau updated its Intellectual Property Enforcement Guidelines.
Blaney McMurtry LLP
As the owners of international brands know well, vigilance is critical to sustaining and enhancing global identity, exclusivity, differentiation and, ultimately, dominance...
Field LLP
A developer's source code is considered the secret recipe of the software world – the digital equivalent of the famed Coca-Cola recipe. In Google Inc. v. Mutual, 2016 BCSC 1169 (CanLII), a software developer sought a protective order over source code that was sought in the course of U.S. litigation. First, a bit of background.
Borden Ladner Gervais LLP
This was an appeal of the decision of the Trademarks Opposition Board ("TMOB"), refusing in part the Applicant's registration of the trademark CAESARSTONE & Design.
Norton Rose Fulbright Canada LLP
The patent identifies the need to develop polymers that can form thinner films with improved strength and describes that prior efforts to improve polymer material strength often resulted in a reduction in toughness.
Norton Rose Fulbright Canada LLP
Au retour des vacances, quoi de mieux qu'une petite discussion technique sur le projet pilote lancé par le USPTO au cours de l'été, le « Post-Prosecution Pilot », communément connu sous le nom de Programme P3?
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Deeth Williams Wall LLP
In Wenger SA v Travel Way Group International Inc (2016 FC 347), the Federal Court dismissed an application by Wenger S.A. (Wenger) alleging passing off and infringement of its Cross Logo trade-mark.
Bereskin & Parr LLP
Applicants prevailed in the recent Commissioner's Decision Re Kaisha from the PAB and can now claim humanized antibodies in cases where the antigen has been well characterized...
Norton Rose Fulbright Canada LLP
The patent identifies the need to develop polymers that can form thinner films with improved strength and describes that prior efforts to improve polymer material strength often resulted in a reduction in toughness.
Goldman Sloan Nash & Haber LLP
A recent decision of the Federal Court affirmed the Trademarks Opposition Board's decision to allow an opposition as a result of bad faith on the part of the applicant.
Gowling WLG
The Court of Appeal has confirmed that two Genentech patents concerning lyophilised formulations of trastuzumab (the active ingredient in Herceptin) are invalid for obviousness.
Norton Rose Fulbright Canada LLP
The role and powers of the Patented Medicine Prices Review Board (the "PMPRB" or the "Board") are at issue in a number of recent proceedings.
Sim, Lowman, Ashton & McKay LLP
In the context of today's Internet technology, the infringement of copyrighted works has become simplified and wide-spread, with infringers emboldened by the ability to keep their identities largely private.
Smart & Biggar/Fetherstonhaugh
The Federal Court of Appeal upheld a decision finding Nova Chemicals Corporation liable for infringement of a patent owned by The Dow Chemical Company by Nova's manufacture and sale of its SURPASS film-grade polymers.
Bennett Jones LLP
Unlike many countries which provide an effective "notice and take down" remedy for copyright owners whose works are wrongly posted on internet sites, Canada has implemented a notice and notice regime.
Borden Ladner Gervais LLP
As described by the Court, Blacklock is a subscription-based news corporation that covers politics, bills and regulations, reports and committees, as well as the Federal Court and public accounts in Canada.
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