Earlier this month, the Federal Court issued its decision in Subway IP LLC v Budway, Cannabis & Wellness Store, 2021 FC 583, a case involving a cannabis retailer that knowingly adopted a parody mark in connection with its...more
6/23/2021
/ Canada ,
Cannabis-Related Businesses (CRBs) ,
Corporate Branding ,
Corporate Counsel ,
Depreciation ,
Loss of Goodwill ,
Parody ,
Passing Off ,
Reputational Injury ,
Trade Names ,
Trademark Infringement ,
Trademarks ,
Trademarks Act
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
The Canadian federal government is moving quickly towards legalizing the possession and consumption of cannabis for recreational purposes. However, Canada’s cannabis industry is already “overgrown” with many licensed (and...more
2/15/2018
/ Brand ,
Canada ,
Canadian Intellectual Property Office (CIPO) ,
Continuous Use Requirement ,
Decriminalization of Marijuana ,
Goods or Services ,
Injunctive Relief ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Repeal ,
Scent Marks ,
Trademark Application ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
Trademarks Act