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As mentioned in our COVID-19 communication, many of our lawyers and staff are working remotely and we continue to remain open and serve our clients. All employees have access to their electronic mail, telephone messaging systems, and electronic files needed for a seamless transition to our remote environment. 

 

 

Intellectual Property

OVERVIEW

Get the latest IP news with the IP Currents Bulletin and Privacy Law Bulletin featuring articles written by lawyers from our Intellectual Property Group.

2020

JULY 20

Businesses Beware: Depreciation in Goodwill Claims Not Bound by Industry Lines

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 breached Sections 20, 7(b) and 22 of Canada's Trademarks Act (the "Act") with respect to claims of trademark infringement, passing off and depreciation of goodwill. This is an interesting case in its review and application of Section 22 of the Act. It provides further protection for trademark owners in Canada.

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JUNE 15

The Federal Court of Appeal Upholds Canada's Anti-Spam Legislation as Constitutional

On June 5, 2020, the Federal Court of Appeal released its decision in 3510395 Canada Inc. v. Attorney General of Canada et al., 2020 FCA 103, in which it upheld the constitutionality of Canada's anti-spam legislation. 

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MARCH 31

Pandemics and Emergency Access to Patented Technology in Canada

Canada's COVID-19 Emergency Response Act came into force on March 25, 2020. Perhaps overlooked amongst emergency relief, health care and financial effects is Part 12 of the Act which makes changes to the Patent Act.

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2019

JULY 23

Understanding Trademarks Act Changes

Published in the July Issue of DM Magazine. Click Here to read the article.

 

https://issuu.com/dmn.ca/docs/dm_jul2019_w/10

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2018

JULY 06

Will There Be Trademark Trolls in Canada or Are They Already Here?

The Canadian Trademarks Act amendments, which are allegedly coming into force in early 2019, include the removal of the requirement that a trademark applicant declare that it has been using its trademark before it files the application or before registration in Canada...

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2017

AUGUST 02

Changing Canadian Trademark Laws – The Next Steps

As part of the implementation of various changes to Canadian Trademark Laws, the Federal Government of Canada released in June, 2017 the new proposed Trademark Regulations for public consultation...

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MARCH 23

Can You Sleep At Night – You Need To Know About Injunctions In Canada

The mattress business is a competitive one! Trade-marks in the mattress business are valuable!

Sleep Country Canada Inc. is a major mattress retailer in Canada. It is best known for its slogan "Why Buy a Mattress Anywhere Else?"...

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JANUARY 26

Industrial Design Protection In Canada: Changes Before The Office January, 2017

Industrial design registrations under the Industrial Design Act (the "Act") are similar to design patents in the US. They protect the features of a product that are visually appealing and not purely utilitarian. They can consist of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form, such as the design of a table or the shape of a computer monitor...

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