Archive for 2013

Cigars and Alcohol: Confusing Trademarks

Posted by Larry Munn on December 13th, 2013

Tequila Cuervo, S.A.(“Cuervo“) filed an application in the Canadian Intellectual Property Office for the registration of the trademark LAZARO COHIBA based on proposed use in Canada with alcoholic beverages. Empresa Cubano Del Tabaco (“Empresa“), a distributor of tobacco related products that predominately distributes cigars and holds the COHIBA trademark, opposed the application on several grounds, [...]

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Amendments to Trade-marks Act Re-introduced in Parliament

Posted by Larry Munn on October 29th, 2013

On October 28, 2013, the government introduced Bill C-8, An Act to Amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts.  The short title of Bill C-8 is the Combating Counterfeit Products Act.  Bill C-8 is the same as Bill C-56 which was introduced in the previous session of [...]

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Bodum: Appeal Court Affirms Trademark Distinctiveness Analysis

Posted by Larry Munn on October 25th, 2013

An earlier blog commented on the Federal Court’s decision in  Bodum USA, Inc. v. Meyer Housewares Canada Inc.  Bodum commenced an action for infringement, passing off and depreciation of goodwill against Meyer, which counterclaimed for a declaration that Bodum’s registration was invalid.  Bodum’s action was dismissed and the registration expunged. The Court of Appeal has [...]

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