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Intellectual Property

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Thursday, February 23, 2017 @ 10:55 AM

TRADE-MARKS - Passing off and unfair competition - Confusion as to wares and services - Business trade name - Procedure - Appeals

Appeal by the plaintiff, Vancouver Community College, from dismissal of its passing off and official mark infringement action against the defendant, Vancouver Career College. The plaintiff was a public post-secondary education and the defendant was a private vocational institution. Their educational programs overlapped. The plaintiff's claim sought damages with declaratory and injunctive relief arising from alleged actions by the defendant to direct online search traffic to its website. In 2009, the defendant adopted VCCollege as a new trade-mark and launched a new website at VCCollege.ca. The plaintiff contended that the phrases "VCC" and "Vancouver Community College" were long associated with it as a public post-secondary institution. The plaintiff alleged the defendant's online presence and bidding on search engine keywords that included its name was a form of internet poaching that constituted passing off and trade-mark infringement. The trial judge dismissed the action. The plaintiff appealed. ... [read more]

Tuesday, February 21, 2017 @ 2:19 PM

Federal Court grants rare interlocutory injunction over trademarked slogan

A Federal Court judge issued an interlocutory injunction blocking Sears Canada Inc. from using a marketing slogan that closely resembled the trademarked slogan used by Sleep Country Canada Inc. ... [read more]

Tuesday, February 14, 2017 @ 2:07 PM

Gowling WLG forms exclusive association with JurisAsia LLC

International law firm, Gowling WLG has established an exclusive association with JurisAsia, a Singapore firm specializing in intellectual property and corporate law. ... [read more]

Monday, February 13, 2017 @ 1:36 PM

Bereskin & Parr to host cross-border patent law webinar

Bereskin & Parr will be leading a webinar on Feb. 15 on the differences between Canadian and U.S. patent law and what that means to you. ... [read more]

Tuesday, February 07, 2017 @ 1:41 PM

Stevenson, Pidkowich new partners at Smart & Biggar / Fetherstonhaugh

Canada's largest firm practising exclusively in intellectual property (IP) and technology law, Smart & Biggar/Fetherstonhaugh, announces two new partners. ... [read more]

Wednesday, February 01, 2017 @ 3:44 PM

Sarginson retires from Bereskin & Parr

Former managing partner Lloyd Sarginson has retired from the intellectual property law firm, Bereskin & Parr LLP effective Jan. 1, 2017. ... [read more]

Thursday, January 26, 2017 @ 7:00 PM

Sometimes a trademark is too 'successful'

Next time you’re sipping your morning coffee, spare a thought for Bodum, the famous Swiss coffee equipment maker and a hapless victim of brutal trademark genericide. In 1997, the company successfully registered the term French press as a trademark and displayed it on its non-electric coffee makers. ... [read more]

Thursday, January 19, 2017 @ 7:00 PM

The legal geography of food

On Oct. 31, 2016, on the heels of the official signature by Canadian and European Union (EU) leaders of the Comprehensive Economic and Trade Agreement (CETA), the Canadian government tabled Bill C-30 (now called for consideration at second reading), which is intended to implement CETA into Canadian law. ... [read more]

Thursday, January 19, 2017 @ 7:00 PM

Patent 'file wrapper' ban showing its age

For decades, Canadian patentees have benefited from a particular type of immunity when asserting their patents in court: whatever was said to the patent office about the scope of the patented monopoly sought stays in the patent office. ... [read more]

Thursday, January 19, 2017 @ 7:00 PM

The new frontier of social media property rights

When Donald Trump was formally inaugurated on Jan. 20, 2017, it was the first time in history that a presidential Twitter account changed hands. The @POTUS account and its 11 million followers will be transferred from the 44th POTUS to the 45th POTUS. All of President Obama’s tweets will migrate to a new account with the handle @POTUS44. Similar arrangements have been made for other presidential social media accounts. ... [read more]