Archive for the "Branding" Category

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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No Trademark Monopoly: Red Horse / Black Horse

Posted by Larry Munn on May 10th, 2013

In January 2013 the Federal Court considered whether an ordinary beer drinking consumer, on hearing the words RED HORSE, would likely think that RED HORSE must be a beer made by the same company that makes BLACK HORSE.  The Court’s response: “unlikely”. This decision was reached in San Miguel Brewing International Ltd v. Molson Canada, [...]

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