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 […]
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 »
The Federal Court (Tsimberis J.) recently held that the Applicant, F.I.A.L. Finanziaria Industrie Alto Lario, S.P.A. (“Applicant” or “Fial”) is entitled to register the trademark, GALPERTI pursuant to ss. 38(2)(c) and 16(1)(a) of the Trademarks Act (the “Act”) in an appeal of a decision of the Trademarks Opposition Board (“Board”) that had refused Fial’s application
Court Overturns TMOB Decision Based on New Evidence of Earlier and Continuous Use Read More »
In a decision by Pentney J., the Federal Court dismissed an appeal by Patagonia, Inc. (“Patagonia” or the “Applicant”) of a decision of the Registrar of Trademarks (the “Registrar”) to maintain the registration for the trademark, PATAGONIA, when used in association with “Beer”. The result of this decision is that the mark, Patagonia, can be
Labatt’s Brew-haha with Patagonia Read More »
This was a motion for summary trial in a passing off and expungement case between competitors in the mobile video game market. The Court (per Fuhrer J.) held that summary trial was an appropriate vehicle for deciding the Plaintiff’s claims for passing off and expungement of the Defendant’s registration – and that those claims were
Court Dismisses Passing Off and Expungement Action After Summary Trial Read More »
The Federal Court (per St-Louis J.) held that the asserted claims of three patents owned by Nordik Blades (collectively, the “Nordik Patents”) are invalid on the basis of obviousness. However, the Court found that the asserted claims are not overbroad and the Nordik Patents are not void under section 53 of the Patent Act. The
Snowplow Patents are Snowed Under due to Federal Court Findings of Obviousness Read More »
