Author Archive

A Professional Designation Can Be A Certification Mark: Canada’s Federal Court

Posted by Larry Munn on July 19th, 2013

In a decision rendered earlier this year, Ontario Dental Assistants Association v. Canadian Dental Association, the Federal Court of Canada held that a professional designation could function as a certification mark, although not  in the case at hand. The case was an appeal from a decision of the Trademarks Opposition Board (TMOB) allowing the Canadian [...]

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Trademark Interlocutory Injunction Denied

Posted by Larry Munn on July 12th, 2013

A recent decision of the Saskatchewan Court of Appeal, setting aside the interlocutory injunction granted by the Chambers judge, illustrates how difficult it is to obtain an interlocutory injunction absent convincing evidence that satisfies the three part test for an interlocutory injunction.  In Kulyk v. Wildman (Weight Loss Forever Consulting), the Saskatchewan Court of Queen’s Bench [...]

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Injunction for Trademark Infringement: Québec

Posted by Larry Munn on June 4th, 2013

In Solutions Abilis Inc. v. Groupe Alithis Inc., the Québec Superior Court granted the plaintiff an interlocutory injunction precluding the defendant from using ALITHIS as part of its corporate name or trade name or as a trademark.  The test for an interlocutory injunction in Québec turns on whether the rights which the plaintiff invokes are clear, doubtful [...]

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