The rise of online intermediaries, such as Google, Amazon, and Facebook, has radically changed the way in which many businesses and individuals operate and has introduced novel legal and business questions and challenges. It...more
When a corporation expands its business into Canada, consideration should be given to whether it can register its brand as a trademark in this new market. While a corporation may operate in this market without registered...more
The British Columbia decision Equustek Solutions Inc. v Jack highlights the difficult, time consuming, and expensive exercise that organizations may find themselves in when an employee misuses confidential information. In...more
2/10/2021
/ Breach of Confidence ,
Canada ,
Confidential Information ,
Constructive Trusts ,
Copyright ,
Copyright Infringement ,
Data Protection ,
Data Theft ,
Disgorgement ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patents ,
Piercing the Corporate Veil ,
Trade Secrets ,
Trademarks ,
Unjust Enrichment
“Use it or lose it” is a staple expression known to Canadian trademark lawyers. Once a business successfully registers a trademark in Canada, it must “use” its registered mark in Canada or it may lose the protections provided...more
The Federal Court of Canada (the “FCTD“) recently released Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, in which it considered whether a cannabis company, Herbs “R” Us Wellness Society (“Herbs R Us“), had...more
7/31/2020
/ Canada ,
Cannabis Products ,
Consumer Confusion ,
Damages ,
Depreciation ,
Exclusive Use ,
Intellectual Property Protection ,
Likelihood of Confusion ,
Loss of Goodwill ,
Passing Off ,
Permanent Injunctions ,
Punitive Damages ,
Toys R Us ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Trademarks Act
On June 17, 2019, Canada’s Trademarks Act changed, resulting in its modernization. Canada has now joined five international intellectual property treaties, including the Madrid Protocol, Singapore Treaty and Nice Agreement,...more
7/5/2019
/ Brand ,
Canada ,
Color Marks ,
Goods or Services ,
Intellectual Property Protection ,
International Treaties ,
Madrid Protocol ,
New Rules ,
Nice Classification ,
Registration Fees ,
Scent Marks ,
Singapore Treaty ,
Sound Marks ,
Trademark Application ,
Trademark Opposition Proceedings ,
Trademark Registration ,
Trademark Renewal Applications ,
Trademarks Act ,
Use in Commerce ,
WIPO