Archive for the "Branding" Category

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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In Honour of Black Friday – Big Brand Retailers Fight Quebec Language Law

Posted by Neil Melliship on November 23rd, 2012

CBC reports that a group of  well-known retailers, including  WALMART, COSTCO and BESTBUY, are taking the Quebec Government’s French language watchdog to Court over its recent requirement that all retailers have signs that include either a generic French name or add a slogan or explanation to reflect what they are selling.  For example, rather than featuring [...]

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