Author Archive

Counterfeit Goods: Significant Statutory and Punitive Damages

Posted by Larry Munn on October 5th, 2011

We have been following the line of cases dealing with counterfeit goods and the resulting damage awards, and note the most recent case from the Federal Court makes clear that a tougher approach to trademark  and copyright infringement can now be expected in Canada.  In Louis Vuitton Malletier S.A. v. Singga Enterprises (Canada) Inc., the [...]

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Certification Marks: Decision Affirmed by Court of Appeal

Posted by Larry Munn on September 26th, 2011

An earlier blog discussed a Federal Court decision, agreeing with a decision of the Registrar of Trade-marks and preventing the registration of a certification mark, HALLOUMI, in association with cheese.  In The Ministry of Commerce and Industry of the Republic of Cyprus v. International Cheese Council of Canada, the Federal Court of Appeal affirmed the [...]

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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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