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Intellectual Property

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Friday, April 21, 2017 @ 10:40 AM

TRADE-MARKS - Opposition - Grounds - Confusion - Totality of the marks test - Material dates

Appeal by Benjamin Moore from a Federal Court decision relating to its trademark registration applications. Benjamin Moore applied to register two trademarks, the word mark BENJAMIN MOORE NATURA and a certain design mark, to be used in association with interior and exterior paints. Home Hardware opposed the applications, asserting that the marks were confusing with nine of Home Hardware’s trademarks that included the term “natura”. Seven of Home Hardware’s marks were registered design marks, while two were unregistered, with registrations pending. One mark, BEAUTI-TONE NATURA, was associated with paint and paint-related products. Home Hardware commenced selling paints using that mark after January 9, 2009, while Benjamin Moore started selling BENJAMIN MOORE NATURA in April 2009. Home Hardware’s oppositions were rejected by the Trade-Marks Opposition Board, because there was no confusion between any of the Benjamin Moore and Home Hardware trademarks at any of the material dates at which confusion was to be determined. On appeal, the Federal Court found that there was confusion between the trademarks, particularly as those marks were used in association with paint. The Benjamin Moore applications for registration were refused. ... [read more]

Tuesday, April 11, 2017 @ 9:12 AM

Fasken hosts seminar on IP, product design

Fasken Martineau’s David Turgeon, regional co-chair of the firm’s technology and IP practice group, and Fasken patent agent Olivier Provost-Cao will conduct a seminar on intellectual property on April 26 in Montreal. ... [read more]

Friday, April 07, 2017 @ 10:53 AM

Litigation funding for high-stakes commercial suits coming | Julius Melnitzer

In a sure sign of desperate times for general counsel and in-house law departments, litigation funding is coming into its own — although it is just starting make a dent in Canada. The desperate part is that cost constraints are failing. It’s not that GCs haven’t been trying. The legal press has been awash for some years now with self-congratulatory back-slapping so rampant it risks breaking the collarbone of the backslappers themselves.   ... [read more]

Thursday, March 30, 2017 @ 8:00 PM

Intellectual Property Law - Copyright - Protected subject matter - Literary works - Books and other writings - Royalties - Defences to infringement - Statutory defences - Educational use

Application by Access Copyright (Access) for judicial review of a Copyright Board of Canada decision, certifying the royalty rates to be collected by Access for the reproduction of works in its repertoire by schools throughout Canada, other than Quebec, during the 2010-2012 and 2013-2015 tariff periods. The Board approved an annual royalty rate per student for the first and second tariff, applying a “volume times value” methodology, pursuant to which the volume of compensable copying was multiplied by the estimated value of each page of the copied work for one of the four genres in the Access repertoire, which included books, periodicals, newspapers and consumables. Because of the cost of gathering information about the volume of copying being undertaken, the parties agreed to rely on a prior study, although Access pointed out that the volume of copying was underestimated in that study due to some coding errors on its part. The consortium of schools relied on its dissemination of guidelines to teachers about what copying was permitted and what was subject to the payment of royalties. The Board determined that a large portion of the copying being done was fair dealing within the meaning of section 29 of the Copyright Act. ... [read more]

Thursday, March 30, 2017 @ 6:15 PM

Legalization of marijuana could be boon for lawyers in many practice areas

The federal government’s move to announce legislation next month to legalize marijuana across the country by July 1, 2018, could create business opportunities for lawyers across a wide range of practice areas. ... [read more]

Thursday, March 30, 2017 @ 8:35 AM

COPYRIGHT - Protected subject matter - Literary works - Books and other writings - Royalties - Defences to infringement - Statutory defences - Educational use

Application by Access Copyright (Access) for judicial review of a Copyright Board of Canada decision, certifying the royalty rates to be collected by Access for the reproduction of works in its repertoire by schools throughout Canada, other than Quebec, during the 2010-2012 and 2013-2015 tariff periods. The Board approved an annual royalty rate per student for the first and second tariff, applying a “volume times value” methodology, pursuant to which the volume of compensable copying was multiplied by the estimated value of each page of the copied work for one of the four genres in the Access repertoire, which included books, periodicals, newspapers and consumables. Because of the cost of gathering information about the volume of copying being undertaken, the parties agreed to rely on a prior study, although Access pointed out that the volume of copying was underestimated in that study due to some coding errors on its part. The consortium of schools relied on its dissemination of guidelines to teachers about what copying was permitted and what was subject to the payment of royalties. The Board determined that a large portion of the copying being done was fair dealing within the meaning of section 29 of the Copyright Act. ... [read more]

Friday, March 24, 2017 @ 9:02 AM

Media relations isn't marketing, and that's just the first mistake lawyers make | Julius Melnitzer

When it comes to maximizing the benefits of good media relations, many Canadian law firms haven’t quite got it yet. For those of you who are thinking, “What are you talking about? The profession’s marketing savvy has come a very long way” — you’re making my point. What a lot of law firms still don’t seem to understand is that marketing and media relations are two distinct arts. Lumping them together is akin to shoving an admiralty lawyer and an entertainment lawyer into the same pigeonhole. ... [read more]

Thursday, March 23, 2017 @ 10:35 AM

Dentons expands eastern Europe reach with new Tbilisi office

Global law firm Dentons is expanding its presence in Central and Eastern Europe by opening an office in Tbilisi, Georgia. ... [read more]

Wednesday, March 22, 2017 @ 7:13 PM

Budget 2017 bad news for lawyers, other professionals Kim Moody

Federal Budget 2017 is a mixed offering to justice system players, with Ottawa abruptly ending a tax advantage for lawyers, while announcing new funding for 28 additional judicial posts, as well as minor increases to support family justice, the Canadian Judicial Council (CJC) and the Federal Courts. ... [read more]

Friday, March 17, 2017 @ 1:21 PM

Lawyer/scientist Anand joins Gilbert's LLP

Nisha Anand has joined Gilbert’s LLP as a partner. ... [read more]