Seva Batkin featured in Techvibes
Seva Batkin was recently featured in Techvibes answering the question What Should Tech Companies Consider When Patent Trolls Come Calling? His article examined the impact ... Continued
MACDIMSUM: Challenging a Family of Marks
In Cheah v. McDonald’s Corporation, the Federal Court of Canada held that MACDIMSUM is likely to be confusing with the MacDonald’s family of trademarks. Focusing ... Continued
Patentability of Computer-Implemented and Medical Use Inventions in Canada
As reported in the December 2010 and October 2011 editions of Knowledge Bytes, the patentability of computer-implemented inventions continues to be uncertain in Canada, as ... Continued
A Clearly Descriptive Engineering Trademark
Federal Court dismissed an appeal of the Trade-mark Opposition Board’s refusal to register the mark ENGINEERING EXCELLENCE IS OUR HERITAGE
Trademark Evidentiary Issues / Colour as a Trademark
JTI Macdonald TM Corp. v. Imperial Tobacco Products Limited, a recent decision of the Federal Court, includes interesting findings regarding the introduction of additional evidence ... Continued
A Professional Designation Can Be A Certification Mark: Canada’s Federal Court
Federal Court held a professional designation could function as a certification mark, though not on facts at hand
Trademark Interlocutory Injunction Denied
A recent decision of the Saskatchewan Court of Appeal, setting aside the interlocutory injunction granted by the Chambers judge, illustrates how difficult it is to ... Continued
Declaring Control in Expungement Proceedings
Trade-marks Opposition Board maintained registration for YEAR-IN-A-BOX mark; issue was whether the registrant had demonstrated suficient control over the entity selling the calendars in Canada
Injunction for Trademark Infringement: Québec
In Solutions Abilis Inc. v. Groupe Alithis Inc., the Québec Superior Court granted the plaintiff an interlocutory injunction precluding the defendant from using ALITHIS as part ... Continued
Punitive Damages: Trademark and Copyright Infringement
The most recent case from the Federal Court continues the Court’s tough stance with respect to trademark and copyright infringement in Canada. In Harley-Davidson Motor ... Continued
New Generic Top Level Domains and the Trademark Clearinghouse – What You Need to Know / What You Need to Do
As readers of Knowledge Bytes will know from our June 2011 edition, the world is entering into a period of great change in the internet ... Continued
No Trademark Monopoly: Red Horse / Black Horse
In January 2013 the Federal Court considered whether an ordinary beer drinking consumer, on hearing the words RED HORSE, would likely think that RED HORSE ... Continued