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Intellectual Property

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Monday, March 22, 2021 @ 12:48 PM

Low evidentiary burden to overcome trademark cancellation proceeding reaffirmed Fingernails

In a recent Federal Court decision, the applicant, Sim & McBurney, appealed a ruling by the Registrar of Trademarks that maintained the registration of the design mark “En Vogue Design” (Sim & McBurney v. En Vogue Sculptured Nail Systems Inc. 2021 FC 172). The Federal Court ultimately upheld the registrar’s decision and reaffirmed the notion that “evidentiary overkill” is not necessary to establish use of a trademark and overcome a s. 45 proceeding. ... [read more]

Monday, March 22, 2021 @ 8:51 AM

Your client’s web domains: The mysteries of hosting Shopping cart full of web domains

Part two in this series covered the financial and brand value of web domains, the purpose of web domains and domain registration. This, the third in a four-part series, covers web domain hosting, the geographic location of registrars and hosting companies and who in the client’s sphere is in control of the domains, particularly in the case of charitable and non-profit organizations. ... [read more]

Friday, March 19, 2021 @ 11:17 AM

New, improved pandemic scams Phone with COVID scam symbol

While the COVID-19 pandemic has led to many changes, it, unfortunately, has not changed some things. One such thing is the presence of fraud and scams. Fraudsters and scam artists do not take a vacation during economic downturns. They actually become more active. Since March 2020, there have been more than 10,000 Canadian reports of fraud and Canadians have lost $7 million to fraud. Some scam artists have “cashed in” on COVID-19 and created scams specific to COVID-19. ... [read more]

Friday, March 19, 2021 @ 8:34 AM

Power of pixie dust: Accessing justice one year later | Bo Kruk

Just over a year ago, the world fundamentally changed. Overnight, bustling downtowns resembled scenes from films like 28 Days Later. Schools closed as learning shifted online, working from home became commonplace, and the courts restricted matters to only those that were urgent. Gradually, we started to adapt to this new reality and its increased digital presence. These adjustments have spurred positive changes while others have created new challenges. Throughout this shift in our collective lifestyles, the wheels of the legal machine never stopped. ... [read more]

Thursday, March 18, 2021 @ 12:42 PM

Profanity in trademarks: How liberal is Canadian Intellectual Property Office? Cuss symbols in speech balloon

In Iancu v. Brunetti 139 S.Ct. 2294, the Supreme Court of the United States in 2019 struck down the bar in Lanham Act 15 U.S.C. § 1051 to register immoral or scandalous marks. Since that decision, several marks containing the f word and its variations have been approved for registration by the United States Patent and Trademark Office. ... [read more]

Thursday, March 18, 2021 @ 11:44 AM

Women in law: Where are we now? | Jasmine Daya

On March 8, we celebrated International Women’s Day to commemorate women’s achievements. Over the years, I have become more appreciative of this day, perhaps as I gain a better understanding of what it means to be a lawyer, wife and mother, among my many other roles. This year, I fear my gender has regressed within the practice of law. ... [read more]

Wednesday, March 17, 2021 @ 3:01 PM

Virtual University of Manitoba legal clinic seeks to help struggling businesses Alexandra Philippot, student with the L. Kerry Vickar Business Law Clinic

If any good has come out of the pandemic for Manitoba’s Robson Hall law school, it has been the birth of a virtual, student-run legal clinic for struggling small businesses, non-profits and other similar ventures needing pro bono advice. ... [read more]

Tuesday, March 16, 2021 @ 8:44 AM

Protecting the prince: Estate planning in the royal family A crown by an antique scroll

In a recent primetime interview with his wife, Meghan Markle, Prince Harry revealed that his family had “cut him off financially” on short notice during the first quarter of 2020, leaving him unable to afford security for his family. However, Harry was able to access the inheritance he received following the death of his late mother, Princess Diana, and embark on a new life in the U.S. Harry told Oprah Winfrey, “I’ve got what my mum left me, and without that, we would not have been able to do this.” ... [read more]

Monday, March 15, 2021 @ 1:41 PM

Ascertaining witness, defendant locations in video trials Line drawing of woman's head emerging from computer screen

With new technologies, new challenges arise. The last year has seen adoption of technology in the court system on an unfathomable scale. Things which required in-person appearances for centuries transitioned to virtual appearances in a matter of weeks. The stresses were substantial but the growing pains have been largely beneficial. ... [read more]

Monday, March 15, 2021 @ 8:29 AM

Your client’s web domains: Financial, marketing, sentimental value Shopping basket of web domains

Part one in this series introduced the subject of web domains. This second article covers the financial and brand value of web domains, their purpose and domain registration. ... [read more]