In a recent decision of Canada’s Federal Court illustrates the danger of adopting a mark or name “inspired” by a famous or well-known brand, even when confusion is unlikely. The decision is a cautionary tale, particularly for...more
7/13/2020
/ Canada ,
Cannabis-Related Businesses (CRBs) ,
Corporate Branding ,
Depreciation ,
Loss of Goodwill ,
Parody ,
Passing Off ,
Permanent Injunctions ,
Punitive Damages ,
Reputational Injury ,
Trade Names ,
Trademark Infringement ,
Trademarks ,
Trademarks Act
Late last month, in a landmark decision heralded by brand owners, the U.S. Supreme Court ruled in Romag Fasteners, Inc v Fossil Group, Inc that a plaintiff in a trademark infringement suit is not required to show that a...more
5/14/2020
/ Appeals ,
Burden of Proof ,
Canada ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Disgorgement ,
Equitable Relief ,
Litigation Fees & Costs ,
Mens Rea ,
Profits ,
Punitive Damages ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Supreme Court of Canada ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Trademarks Act ,
Willful Infringement
Brand owners looking to enforce their rights expeditiously (and inexpensively) need look no further than Canada, which offers brand owners a number of tools to obtain relief against infringers and counterfeiters in a...more
12/21/2019
/ Attorney's Fees ,
Canada ,
Corporate Branding ,
Counterfeiting ,
Discovery ,
Expedited Actions Process ,
Intellectual Property Protection ,
Litigation Fees & Costs ,
Personal Brands ,
Punitive Damages ,
Remedies ,
Summary Judgment ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks