Co-written with Emily Papsin The Federal Court (per Zinn J.) set aside a decision by the Commissioner of Patents (“Commissioner”) refusing to reinstate Matco Tools Corporation’s (“Matco”) patent application which had been deemed abandoned for failure to pay maintenance fees. The Court found that the Commissioner did not conduct the requisite two-stage inquiry to assess […]
The Federal Court (O’Reilly J.) dismissed an application for judicial review brought by Bayer Inc. (“Bayer”). The Court found that the Minister of Health (the “Minister”) was not unreasonable in not determining the Bayer patent’s eligibility for listing on the patent register the same day it was received for consideration. Bayer Inc. v. Amgen Canada
Court holds that Health Canada patent listing delay is reasonable Read More »
On January 3, 2025, the Federal Court (per McVeigh J) dismissed an application alleging passing off of the unregistered trademark “Indican Pictures” because the Applicant did not establish use of its mark prior to the Respondent beginning to use its allegedly confusing marks. 2K4 Inc. (Indican Pictures) v. Indiecan Entertainment Inc., 2025 FC 20 Background
From Reel to Real: The Importance of Prior Use Evidence in Passing Off Cases Read More »
The Federal Court of Appeal (per Locke J.A. with Leblanc J.A. and Pamel J.A. concurring) (“FCA”) held that the Federal Court (per St.-Louis J.) did not err in finding that several claims of Nordik Blades’ (“Nordik”) three patents on snowplow blades were invalid for obviousness. Usinage Pro-24 Inc. v. Valley Blades Ltd., 2025 FCA 4
Nordik’s Appeal of Obviousness Finding for its Snow Plow Patents Gets Blown Over Read More »
In a decision by Southcott J., the Federal Court agreed with the Registrar of Trademarks (the “Registrar”) that Limbic Media Corporation (“Limbic”) did not establish continuous use of its registered trademark and ordered the registration expunged. There was no evidence confirming that Limbic’s trademark was sufficiently associated with its goods at the time the goods
In a decision by Fuhrer J., the Federal Court allowed an appeal against the Registrar’s decision to register a trademark owned by Carbone Restaurant Group Ltd. (“Carbone”), after the Trademarks Opposition Board (“TMOB”) had rejected an opposition by Blaze Pizza, LLC. (“Blaze”) Blaze Pizza, LLC v. Carbone Restaurant Group Ltd., 2024 FC 1770 Background
Blaze Fire’d Up Over Carbone’s Confusing Trademark Applications Read More »
Tsimberis J. of the Federal Court heard an application by Auberge & Spa Le Nordik Inc. and Nordik Immobiliers Winnipeg Inc. (“Nordik” or the “Applicants”) to have certain services expunged from trademark registrations held by Therme Development (CY) Ltd. (“TDL”). Auberge & Spa Le Nordik Inc. and Nordik Immobiliers Winnipeg Inc. v. Therme Development (CY)
Ontario Place Wellness Development in Warm Water Over Trademark Use Read More »
Lafrenière J. of the Federal Court, acting as a Referee in a reference under Rule 153(1) of the Federal Courts Rules,SOR/98-106 (“Rules”), recently issued an interim report on the quantification of profits made by Travelway Group International Ltd. (“Travelway”) through the sale of travel accessories including luggage (the “Infringing Products”) that were passed off as
Causation and Other Factors to Consider in an Accounting of Profits Read More »
In a decision by Pallotta J., the Federal Court allowed an appeal of the Registrar’s decision to expunge a trademark registration owned by The Little Brown Box Pizza, LLC (“Owner”), but amended it by deleting several services, as the Owner had not shown any use or special circumstances that excused their non-use. The Little Brown
On September 27, 2024, the Federal Court of Appeal (“FCA”) affirmed that four patents owned by AngelCare Canada (“AngelCare”) are valid and were infringed by the manufacture and sale of diaper pail cassettes by Munchkin Baby Canada Inc. (“Munchkin Canada”) and its US parent, Munchkin, Inc. (“Munchkin USA”). The decision raises important issues relating to
