Markwell Clarizio LLP

March 2026

Federal Court of Appeal Clarifies the Test for Overbreadth and the Territorial Limits on Infringement

On March 20, 2026, the Federal Court of Appeal (per Locke J.A., Roussel J.A., and Heckman J.A.) (“FCA”) released an important decision in the patent dispute between ProSlide and WhiteWater, two competitors in the water slide industry. The ruling restores the validity of three of ProSlide’s patents relating to water slides but confirms that WhiteWater […]

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Federal Court of Appeal: Don’t Kiss Online Trademark Confusion Surveys Goodbye           

On February 25, 2026, the Federal Court of Appeal (per De Montigny C.J., Webb J.A. and Pamel J.A.) (“FCA”) upheld a Federal Court decision (discussed in our previous blog post) that Promotion in Motion Inc. (“PIM”)’s trademarks SWISSKISS and SWISSKISS & Design (in association with Swiss chocolate) were not registrable in light of Hershey Chocolate

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