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FCA Reminds Us That Canadian Trademark Law Is Bilingual

IP Decisions, Trademarks /

On May 5, 2026, the Federal Court of Appeal (per Locke J.A., Roussel J.A., and Heckman J.A.) (“FCA”) upheld a Federal Court decision invalidating portions of several THERME-formative trademark registrations owned by Therme Development (“Therme”). The decision is noteworthy for its treatment of descriptiveness (including bilingual analysis), confusion and expert evidence. Therme Development (CY) Ltd. […]

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

IP Decisions /

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           

IP Decisions /

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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Ambiguity Strikes Again: The Court of Appeal Finds the Claims Ambiguous

IP Decisions /

On January 22, 2026, the Federal Court of Appeal (per Locke J.A, Roussel J.A., and Goyette J.A.) (“FCA”) upheld the Federal Court’s (“FC”) ruling that certain claims in AP&C ADVANCED POWDERS & COATINGS INC.’s Canadian Patents Nos. 3,003,502 and 3,051,236 (collectively, the “AP&C Patents”) were ambiguous and therefore invalid. This decision is notable for at

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Federal Court Goes All-In on Claim Construction in Assessing Patentable Subject Matter

IP Decisions /

Co-authored with Adam Haller On November 12, 2025, the Federal Court (per Whyte Nowak J.) held that the Commissioner of Patents (the “Commissioner”) made several errors of law in finding that an application for a “Method for Playing a Card Game” did not qualify as patentable subject matter under the Patent Act. The Court remitted

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Common Design Infringement Finds its Footing in Canada

IP Decisions /

In the latest chapter of the Adeia Guides Inc. (formerly “Rovi”) (“Adeia”) and Videotron Ltd. (“Videotron”) patent infringement battle, Adeia alleged that Videotron infringed four patents within the same family related to digital entertainment technologies. Videotron denied infringement and counterclaimed for invalidity on the basis of anticipation, obviousness, and in the case of one patent,

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The FCA Digs Into Downhole Hydraulic Fracturing Patent

IP Decisions /

Co-authored by Delara Emtyazi (Student-at-Law) In a decision issued October 20, 2025, the Federal Court of Appeal (per Walker J.A. with Stratas J.A. and Monaghan J.A. concurring) (“FCA”) held that the Federal Court (per McVeigh J) erred in construing the claims of Kobold Corporation’s (“Kobold”) Canadian Patent No. 3,027,571 (“‘571 Patent”) and as a result,

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What You Claim Is What You Get; The Disclosure Cannot Change It

IP Decisions /

On July 29, 2025, the Federal Court of Appeal (“FCA”) per Rennie J.A. dismissed an appeal from a trial judgment that found all claims in AGI Suretrack, LLC’s (“AGI”) 742 Patent invalid for anticipation or obviousness. AGI Suretrack, LLC v. Farmers Edge Inc. 2025 FCA 134 Background AGI’s 742 Patent relates to agricultural technology that

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Timing is Everything: FCA Affirms OSIP’s Timing Interpretation in Patent Register Dispute

IP Decisions /

  On August 8, 2025, the Federal Court of Appeal (“FCA”) held that Amgen Inc. (“Amgen”), a biosimilar manufacturer, was not required to address Bayer Inc.’s (“Bayer”) newly issued patent (the “315 Patent”) for EYLEA (aflibercept) under the PM(NOC) Regulations because it had not been added to the Patent Register when Amgen’s New Drug Submission

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