Author Archive

Another RIM Trademark Suit

Posted by Larry Munn on November 13th, 2007

In a complaint filed in the U.S. District Court for the Central District of California, Research In Motion (“RIM”) based in Waterloo, Ontario, is again alleging that another company is using trademarks that are similar to those used by RIM. In this most recent complaint, RIM seeks to prevent LG Electronics Inc. from using such [...]

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Passing Off: Like Father Like Daughter?

Posted by Larry Munn on October 23rd, 2007

In Stenner v. ScotiaMcLeod, a recent decision of the British Columbia Supreme Court, the Plaintiff successfully established that his surname used in association with financial services was a valid trademark and that the Defendants’ use of the name constituted passing-off.  The Plaintiff was a well-known Vancouver-based investment advisor and financial consultant with his own radio [...]

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Actual Infringement Required for an Injunction

Posted by Larry Munn on October 1st, 2007

Two recent Canadian cases may be of interest to our readers. In the first, because the Defendant had not yet used the alleged infringing trademark and because the Registrar of Trade-marks had not yet made a decision regarding the Defendant’s applications to register the mark at issue and expunge certain of the Plaintiffs’ marks, the [...]

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