Archive for February, 2009
The Need for Proper Evidence of Trademark Use
A previous blog commented on the importance of proper evidence of use when the registered owner of a Canadian trademark is faced with a potential expungement pursuant to section 45 of the Trade-marks Act. Curb v. Smart & Biggar, on appeal to the Federal Court from a decision of the Registrar is a further illustration. Mike [...]
JAVACAFÉ: Clearly Descriptive in the French Language
Following up on an earlier blog posting, we note that the Supreme Court of Canada has refused leave to appeal from the Federal Court of Appeal’s decision in Shell Canada Limited v. P.T. Sari Incofood Corporation. The Court of Appeal earlier concluded that JAVACAFÉ when sounded as two words was clearly descriptive, in French, of [...]
Cybersquatter Targets MP Keith Ashfield
CBC News reported recently that Conservative MP Keith Ashfield registered the domain name keithashfield.ca during the 2008 election. When Mr. Ashfield failed to renew the registration, it was quickly scooped up by an apparent cybersquatter. Cybersquatters (as they are commonly known), often register famous names or trade-marks in order to benefit from the associated goodwill to drive [...]
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