Archive for the "Branding" Category

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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Off to the Marché We Go! – Not Descriptive and Not Confusing

Posted by Larry Munn on February 9th, 2012

The Federal court recently dismissed an appeal to have a trademark expunged on grounds of descriptiveness and confusion. In Movenpick Holding AG v. Exxon Mobil Corporation and Attorney General of Canada (Registrar of Trade-marks), the Court considered whether Esso’s “Marché Express” mark is too descriptive of the services it provides as a gas-station convenience store. [...]

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