Co-authored with Marc Mitri On January 16, 2026, the Federal Court (per McHaffie J) held that the Trademarks Opposition Board (“Board”) erred in refusing registration of Products Unlimited, Inc.’s (“Applicant”) FILTER DESIGN trademark. Of note, this was the first judicial decision to consider the interpretation of subsection 56(5) of the Trademarks Act (effective April 1, […]
In a decision issued January 9, 2026, the Federal Court of Appeal (per LeBlanc JA, Roussel JA, and Heckman JA) (“FCA”) upheld the Federal Court’s (“FC”) decision to maintain three of Coors Brewing Company’s (“Coors”) trademark registrations related to beer products (collectively “the Trademarks”). The FC had held there were special circumstances that excused the
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
Patients Are A Relevant Consumer in the Trademark Confusion Analysis For Biosimilars Read More »
Co-authored with Adam Haller Now that spooky season is over, it is the perfect time to check your trademark portfolio for “mutant” trademarks that may still be lurking. Companies frequently update their brands and logos. Over time, small changes can add up, and a trademark being used in the market may deviate significantly from, and
Who’s Afraid of a Little Old Mutant Trademark? 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 »
The process of litigating trademark disputes in Canada bears many similarities to other common law jurisdictions, in particular the United States. However, there are some unique aspects of Canadian procedure that IP practitioners in other jurisdictions should know. This short article provides a brief overview of how trademark disputes are litigated in Canada. 1. Trademark
Litigating Trademark Disputes in Canada – What IP Practitioners Should Know Read More »
