.CA Domain Names Held To Be Personal Property
.ca domain names held to be personal property by the Ontario Superior Court of Justice (and, as such, subject to the rules governing any personal property, including those against wrongful conversion)
Cigars and Alcohol: Confusing Trademarks
Cigars and alcohol were held to be confusing trademarks in a Federal Court appeal of a TMOB decision over the COHIBA mark versus the LAZARO COHIBA mark
Amendments to Trademarks Act Re-introduced in Parliament
Canadian government introduced Bill C-8: An Act to Amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts, aka the Combating Counterfeit Products Act
Bodum: Appeal Court Affirms Trademark Distinctiveness Analysis
FCA affirmed the Federal Court’s trade-mark distinctiveness analysis in Bodum v. Meyer case
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
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
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
An Interplay of Canadian Official Marks and Canadian Trademarks
Federal Court judicially reviewed Registrar of Trade-marks’ decision to expunge marks; considered the test for what is a “public authority” in order to obtain official marks
Preparing for Canada’s Anti-Spam Law
Canada’s anti-spam legislation was introduced in 2010, but its commencement date has been delayed while the Regulations under the Act are being finalized. The official ... Continued
Both Here and There: Trademark Use on Websites Available in Canada
Federal Court considered what constitutes use and advertising in Canada where a trade-mark appears on a computer screen website in Canada, regardless of where the information may have originated from or be stored
Warm wishes – and thanks
On behalf of the Canadian Trademark Blog team, please accept our warmest wishes for a happy and prosperous new year. We plan to do our ... Continued