Archive for 2011

Keyword Advertising Appeal Discounts Trademark Analogies

Posted by Neil Melliship on February 17th, 2011

Canada continues to await its first Court decision on the use of trademarks in keyword advertising.  The British Columbia Court of Appeal issued its decision this week in the case of Private Career Training Institutions Agency (the Agency)  v. Vancouver Career College (Burnaby) Inc. (VCC).  While the Trial Judge’s decision, that the use of keyword advertising in this [...]

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Trademark Summary Expungement Proceedings: Evidentiary Issues

Posted by Larry Munn on February 10th, 2011

In 1459243 Ontario Ltd. v. Eva Gabor International, Ltd., the Federal Court set aside the Registrar’s decision expunging a trademark under section 45 of the Trade-marks Act.  The parties agreed that the standard of review was one of correctness, unless new evidence would have materially affected the decision of the Registrar.  At issue was whether [...]

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Off-colour Trademark Decision Leaves Glaxo Purple With Frustration

Posted by Jeffrey Vicq on February 3rd, 2011

In reasons issued late last year, the Federal Court of Appeal has upheld a decision to expunge a trademark registration obtained by Glaxo Group Limited (“Glaxo”) for two-tones of the colour purple as applied to the visible surface of an asthma inhaler. The decision raises interesting questions both about primary and secondary marks, and about [...]

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