Archive for the "Case Law" Category

Just in time for the Olympics – a Race to the Trademark Podium

Posted by Neil Melliship on February 6th, 2014

As we approach the opening ceremonies of the 2014 Olympic Winter Games in Sochi, the Canadian Olympic Committee (COC) has launched a lawsuit against outdoor apparel maker The North Face in the British Columbia Supreme Court, over allegations that it is infringing on Olympic trademarks through ambush marketing techniques. The COC is seeking an injunction against The North Face and [...]

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.CA Domain Names Held To Be Personal Property

Posted by Neil Melliship on January 14th, 2014

A recent Ontario Superior Court of Justice decision (Court File No. CV-13-480391) has held that .CA domain names are personal property and as such are subject to the rules that govern any other type of personal property, including those against wrongful conversion.  Perhaps more importantly, the case appears to stand for the proposition that title in .CA domain names exists [...]

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MACDIMSUM: Challenging a Family of Marks

Posted by Larry Munn on September 13th, 2013

In Cheah v. McDonald’s Corporation, the Federal Court of Canada held that MACDIMSUM is likely to be confusing with the MacDonald’s family of trademarks.  Focusing on the evidence presented, the Court distinguished several earlier cases in which McDonald’s failed to preclude other businesses from using the MC or MAC prefix, including McDonald’s Corporation v. Silcorp [...]

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