Archive for 2008

Applicant Fails to Prove Damages

Posted by Larry Munn on July 30th, 2008

The recent Federal Trial Court decision of Pharmacommunications Holdings Inc. v. Avencia International Inc. (“Avencia“) is a reminder to all lawyers that a successful claim requires proof of every element of the applicable legal test. At issue in Avencia was whether the respondent’s trademark, PHARMACOMM, caused, or was likely to cause, confusion with the applicant’s [...]

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Damages for Counterfeit Goods – Another Significant Award

Posted by Larry Munn on July 16th, 2008

We previously reported on the Federal Court case Louis Vuitton Malletier S.A. et al. v. Yang et al. (“Yang”). Louis Vuitton was back in court in June, but this time the venue was the British Columbia Supreme Court. In Louis Vuitton Malletier S.A. v. 486353 B.C. Ltd., Louis Vuitton proceeded by way of a summary [...]

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Liberals’ Shift To Green Hits Trademark Roadblock

Posted by Neil Melliship on July 9th, 2008

Canada’s federal Liberal Party, the official opposition to the ruling Conservatives, has been sued by a Toronto environmental consulting and supply company called Green Shift Inc. for alleged misappropriation of that company’s corporate name and trademark, GREEN SHIFT. CBC is reporting that the owner of Green Shift Inc. registered the company name in 2001 and [...]

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