Archive for the "Branding" Category

Trademark Evidentiary Issues / Colour as a Trademark

Posted by Larry Munn on August 13th, 2013

JTI Macdonald TM Corp. v. Imperial Tobacco Products Limited, a recent decision of the Federal Court, includes interesting findings regarding the introduction of additional evidence on appeals, colour constituting a trademark rather than a distinguishing guise and the evidence necessary to establish non-distinctiveness. Imperial Tobacco applied to register “the colour orange applied to the visible [...]

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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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Punitive Damages: Trademark and Copyright Infringement

Posted by Larry Munn on May 16th, 2013

The most recent case from the Federal Court continues the Court’s tough stance with respect to trademark and copyright infringement in Canada.  In Harley-Davidson Motor Co. Group LLC v. Manoukian, the Court awarded significant compensatory and punitive damages against the Defendant company and its principal. The Plaintiffs, H-D Michigan, LLC (“MI”), Harley-Davidson Motor Company Group, LLC [...]

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