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Intellectual Property

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Tuesday, August 04, 2020 @ 8:20 AM

Enforcing termination clauses just got more difficult in Ontario 2constructionworkers.jpg

The Ontario Divisional Court has once again made it more difficult to enforce termination clauses. In Rutledge v. Canaan Construction Inc. 2020 ONSC 4246 the court held a termination clause to be unenforceable despite it affording an employee all of his statutory protections and entitlements in his current position with the company. The court found that the agreement could only violate the Employment Standards Act, 2000 (ESA) if his position changed or if the company grew, but still found that this was sufficient to render it unenforceable. ... [read more]

Friday, July 31, 2020 @ 11:58 AM

Monsanto v. Schmeiser 20 years later: The answer wasn’t blowin’ in the wind Canola

Intellectual property lawyers have the most interesting bookshelves in their offices; we tend to keep souvenirs of the various cases we work on. Over the years, my bookshelf has come to include things like skin care products, parts for cars and fireplaces, architectural mouldings and medical devices. ... [read more]

Friday, July 31, 2020 @ 10:31 AM

Three new partners for IP firm Marks & Clerk

As it prepares to celebrate 100 years of offering intellectual property services in Canada, Marks & Clerk announced that Jonathan Colombo, Catherine (Cat) Lovrics and Amrita V. Singh will join the group, with Colombo taking on the role of managing partner of Marks & Clerk Canada. The hires are effective Aug. 1, 2020. ... [read more]

Thursday, July 30, 2020 @ 2:38 PM

Don’t forget to register: Why provincial, territorial trademark registers should exist MapofCanada

In Canada, two types of trademarks exist: registered and unregistered common law trademarks. Registered trademarks have long been recognized as superior to unregistered trademarks. A registered trademark is entered in Canada’s Register of Trademarks and the owner has the exclusive right to use the trademark in Canada. In contrast, Canadian common law trademarks are restricted to the geographical area where the trademarks are used and thus have garnered goodwill. ... [read more]

Thursday, July 30, 2020 @ 10:43 AM

Future of business in outer space Cartoonspace

Part one of this article outlined international jurisdictions in outer space. The U.S. federal courts will be a critical part of future commercial space activities, whether between private parties or other parties functioning under the authority and jurisdiction of different states. The question will become how disputes will be resolved, but more importantly, how a decision will be enforced and not in an international organization or construct, but the U.S. federal system.                 ... [read more]

Thursday, July 30, 2020 @ 9:16 AM

Justice and the pandemic: What has to change Canada_COVID_sm

This article is the last of a five-part series examining our courts’ response to the pandemic and what it means for the future of the civil justice system. ... [read more]

Wednesday, July 29, 2020 @ 2:24 PM

Being rude in court: Crossing the line screaming_mouth_sm

The recent resignation of an Alberta lawyer, with an undertaking not to apply to the Law Society of Alberta for reinstatement, following citations that he “failed to be courteous and civil to another lawyer,” among other things, gave us pause — when does a lawyer cross the line into uncivil communications with opposing counsel that could give rise to law society discipline? With the benefit of only the Disposition Summary at the time of writing, but without the full Alberta Law Society Report, we were motivated to look into this further. ... [read more]

Wednesday, July 29, 2020 @ 10:54 AM

Contract remedies illustrated after purchase of junky medical supplies N95

COVID-19 has brought about a global scramble for medical devices, such as personal protective equipment (PPE) and diagnostic test kits. Inadequate supply from existing vendors has forced governments and hospitals to urgently source medical devices from new suppliers and distributors with very little time to properly vet them. The result: Some good product, but also reports of low quality, underperforming or even contaminated product. This article looks at possible avenues of contract recourse for buyers that receive substandard goods. ... [read more]

Tuesday, July 28, 2020 @ 3:28 PM

Smart & Biggar adds patent law associate in Montreal

Smart & Biggar announced that Natalie Galley has joined the firm as an associate and will work with the firm’s patent practice group in Montreal. ... [read more]

Monday, July 27, 2020 @ 2:16 PM

Deviating trademark use Pasta

A recent decision of the Federal Court deals with s. 45 proceedings under the Trademarks Act and whether use of a variant of the registered trademark by the registrant would establish use of the registered trademark. ... [read more]