Archive for 2008

Green Shift Trademark Battle Steps Up

Posted by Neil Melliship on August 18th, 2008

In an update to an earlier post, the battle between the Liberal Party of Canada and Green Shift Inc., over the trademark GREEN SHIFT, continues, with the Liberals having recently filed their Statement of Defence in the Court case. In a Vancouver Sun story, the Liberals claim they never intended to intended or desired to [...]

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Applicant Deemed Not a “Person Interested” Under the Trade-marks Act

Posted by Larry Munn on August 13th, 2008

In Fairmont Resort Properties Ltd. v. Fairmont Hotel Management, L.P., the Federal Court ruled that, despite the low threshold, the applicant, Fairmont Resort Properties Ltd., was not a "person interested" for the purposes of challenging the respondent’s, Fairmont Hotel Management, L.P.’s, trade-marks (the "Hotel Marks") under s. 57(1) of the Trade-marks Act. The applicant was [...]

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Discovery Questions in Trademark Cases

Posted by Larry Munn on August 6th, 2008

Adidas AG et al v. 2690942 Canada Inc. c.o.b. Campea will be of interest to litigators. Adidas commenced a claim against Campea alleging infringement of its 3-stripes trademark registration and its copyright registration covering the Euro 2004 logo. Following discoveries, the Federal Court was asked to rule on whether a series of questions required answers. [...]

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