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Intellectual Property

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Thursday, April 18, 2019 @ 3:24 PM

Trademark applications filed in bad faith Lindtbunny_sm.jpg

With the implementation of the current amendments to the Trade-marks Act set to come into force on June 17, 2019, the idea of attacking a trademark registration on the basis that the application was filed in bad faith is becoming more important. ... [read more]

Tuesday, April 16, 2019 @ 10:41 AM

Arbitration: Benefits of One-Judge pilot and much more one_judge_sm

In my first article about the launch of an arbitration pilot project referred to as the “One Judge Model,” I applauded Ontario’s Superior Court of Justice for its efforts. Here are more thoughts on the initiative. ... [read more]

Tuesday, April 09, 2019 @ 10:14 AM

TRADEMARKS - Expungement - Non-use

Appeal by Cosmetic Warriors from a federal Court decision allowing an appeal from a decision of a hearing officer of the Trade-marks Opposition Board maintaining the appellant’s registration of the trademark “LUSH” for use in association with T-shirts due to non-use. ... [read more]

Monday, April 08, 2019 @ 12:16 PM

Combination of patent law, copyright can protect AI innovation, panel suggests Dave Green sm

How courts deal with the concept of authorship is an area to watch as artificial intelligence (AI) becomes more creative and humanlike, noted panellists at Bracing for Impact: The Artificial Intelligence Challenge Part II conference series hosted by IP Osgoode. ... [read more]

Friday, March 29, 2019 @ 11:49 AM

Why name of goods or services not good choice for trademark ricotta

An important limitation relating to registering and protecting trademarks is the prohibition relating to registering the name of the goods or service in issue. The Trade-marks Act provides that a trademark is not registrable if it is the name in any language of any of the goods or services in association with which it is used or proposed to be used. ... [read more]

Thursday, March 28, 2019 @ 2:14 PM

Patent office’s misleading messages about software may discourage investment Busypeople&tech_sm.jpg

The government of Canada’s intellectual property (IP) strategy involves extensive efforts to educate Canadians about how IP tools, such as patents, can be used to protect their business assets. As the IP strategy explains, IP can be used by businesses to extract value from their ideas, create new revenue streams and raise capital. However, some of the Canadian Intellectual Property Office (CIPO)’s messaging about patents may make it harder for software-based businesses to attract investors. ... [read more]

Wednesday, March 27, 2019 @ 2:20 PM

Bulbulia joins Pallett Valo

Intellectual property lawyer Ahmed Bulbulia is joining the business law and litigation practice groups of Pallett Valo LLP, of Mississauga, Ont., as an associate. ... [read more]

Wednesday, March 27, 2019 @ 9:46 AM

Better clarity needed on ‘normal course of trade’ in trademark case: lawyer Peter Choe, Gowling WLG

A lawyer in a trademark case is pledging to appeal to the Supreme Court of Canada after the Federal Court of Appeal said profit is not required when a transfer is made of a good in the “normal course of trade.” The issue in Cosmetic Warriors Limited v. Riches, McKenzie & Herbert LLP 2019 FCA 48 deals with the trademark “Lush,” owned by cosmetics company Cosmetic Warriors in association with “[c]lothing, namely, t-shirts.” ... [read more]

Wednesday, March 20, 2019 @ 8:18 AM

WRONGFUL DISMISSAL - Dismissal without cause - Reasonable notice period or wages in lieu

Action by the plaintiff Mark Menard against the defendant Centre for International Governance Innovation (Centre) for damages for wrongful dismissal. ... [read more]

Tuesday, March 19, 2019 @ 8:01 AM

Future of airlines: Data-driven acquisitions and partnerships ariline_data_sm

The airline industry is experiencing a disruption in how air carriers distribute products and services and generate new revenues. In today’s world, digital business models offer airlines unclaimed retail opportunities. And behind this transformation is a strategic resource: data. ... [read more]