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 »
On February 14, 2025, the Federal Court (per Fuhrer J.) found that Joanna Habbous, owner of the registered trademark PHYSIOHEALTH STUDIOS, had established infringement, passing off, and depreciation of goodwill against Arc Physio Health Ltd. The application was, however, dismissed against the named personal Respondents. Habbous v. Arc Physio Health Ltd., 2025 FC 297 Background Ms.
Importance of Brand Strength: The Arc of Confusion in Physio Health Trademark Read More »
The Federal Court (per Southcott J.) allowed C-Tow’s application to have Sea Tow’s registered trademarks struck from the Trademarks Register (the “Register”), on the basis that C-Tow’s use of its marks predated Sea Tow’s adoption of the Sea Tow Marks, and that Sea Tow knew of the C-Tow Marks at the time of Sea Tow’s
C-Tow and Sea Tow go Toe-to-Toe Over Trademarks 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 »
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 »
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 »
