Archive for the "Case Law" Category

Trader Joe’s trying to make Pirate Joe’s “walk the plank” in U.S. trade-mark case

Posted by Kwan Loh on September 8th, 2016

In the ongoing dispute between Michael Hallatt, a Vancouver businessman, and U.S. based retailer Trader Joe’s, the United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) has overruled the 2013 decision of the U.S. District Court for the Western District of Washington (the “District Court”) not to hear Trader Joe’s claim against [...]

TwitterFacebookLinkedInInstapaperShare
View the full post »

In no mood for charity: Federal Court confirms that charities are not necessarily public authorities

Posted by Kwan Loh and Laura Cojocaru on August 18th, 2016

The Federal Court of Canada recently confirmed in Starbucks (HK) Limited v. Trinity Television Inc., 2016 FC 790 (the “Decision”) that status as a charity is, in and of itself, insufficient to constitute an entity as a public authority for the purpose of obtaining an official mark. (For a discussion about official marks and their [...]

View the full post »

Canada’s Federal Court of Appeal Provides Welcome Guidance on Geographically Descriptive Trademarks

Posted by Laura Cojocaru on April 1st, 2016

Canada’s Federal Court of Appeal (the “Court of Appeal”) has recently had the opportunity to clarify the test for  registrability of geographically descriptive trademarks in two separate decisions. The most recent of these is the decision in MC Imports Inc. v. AFOD Ltd., 2016 FCA 60.  In the proceedings underlying the appeal, MC Imports Inc. [...]

View the full post »