Author Archive

Sharing a Trademark: The Legal Problems

Posted by Larry Munn on July 31st, 2007

For many years, CHAPMANS has been a well-known trademark in the Vancouver clothing trade. However, the mark has been used by two companies, a situation that can lead to problems, as evidenced by a recent decision of the British Columbia Court of Appeal. In Edward Chapman Ladies’ Shop Limited v. Edward Chapman Limited the Court [...]

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No New Grounds of Opposition on Appeals from the Registrar of Trademarks

Posted by Larry Munn on July 11th, 2007

Sun World International Inc. v. Parmalat Dairy & Bakery Inc. concerned a procedural issue, namely a “novel application” to amend a Statement of Opposition to add section 22 of the Trademarks Act (depreciation of goodwill). The respondent, Parmalat, had successfully opposed the applicant’s (Sun World’s) trademark BLACK DIAMOND for use in association with fresh fruit [...]

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Olympic Trademark Legislation Closer to Becoming Law

Posted by Larry Munn on June 28th, 2007

Following up on an earlier story regarding the unique aspects of Bill C-47, we note that the Olympic and Paralympic Marks Act, has now received Royal Assent. We understand that the legislation has not yet come into force by order of the Governor in Council, as required by section 15 of the Act, and that regulations [...]

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