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Author name: Marc Mitri

Cooking Up Goodwill: How First Use Secured Trademark Rights in ASIALICIOUS

IP Decisions /

On April 14, 2026, the Federal Court (per Manson J) issued a detailed and instructive reminder that trademark rights in Canada can arise through use alone without registration. The Court reaffirmed that where goodwill and confusion are established, the courts will not hesitate to protect those rights. This decision is particularly significant when brands are […]

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Patients Are A Relevant Consumer in the Trademark Confusion Analysis For Biosimilars

Trademarks /

Co-authored with Emily Johnston On November 28, 2025, the Federal Court of Appeal (Per Woods JA and Laskin JA) (“FCA”) held that the Federal Court (per Pallotta J) (“FC”) did not err in (1) enjoining Samsung Bioepis (“Samsung”) and Biogen, et al (collectively “Biogen”), as well as their licensees, from using the trademark BYOOVIZ in

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