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Trademark Litigation Canada Evidence

International Lawyers Network

Trademark Opposition Proceedings in Canada: Proposed Changes Now in Place

In July 2024, I discussed proposed changes to trademark proceedings in Canada. Following a public consultation period, revised Regulations came into force on April 1, 2024 that incorporate those proposed changes. The changes...more

Bennett Jones LLP

Kissing Registration Goodbye: Deficient Online Survey Evidence Cannot Save Application for SWISSKISS

Bennett Jones LLP on

Survey evidence can be used in trademark disputes to establish consumer perception and brand power. A recent Federal Court decision provides guidance on factors that may influence the admissibility of online survey evidence....more

Bennett Jones LLP

When Will Expert Evidence Be Excluded?

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Experts play an important role in IP litigation, but the court will carefully consider whether the proposed expert evidence is necessary to assist the trial judge and has demonstrated an increasing willingness to determine,...more

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