Archive for the "Case Law" Category

November Case Law – Enforcement of Foreign Judgments

Posted by Larry Munn on December 15th, 2006

There were no noteworthy Canadian cases in November that focused on specific trademark issues. However, the Supreme Court of Canada (“the SCC”) handed down a decision regarding the enforcement of foreign non-monetary judgments that will be of interest to trademark practitioners. The case, Pro Swing Inc. v. Elta Golf Inc., arose out of a trademark [...]

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October Case Law: Successful Appeals

Posted by Larry Munn on November 15th, 2006

There were five Canadian trade-mark cases of note in October. Interestingly, in four of them the Federal Court allowed appeals from the Opposition Board and in three of those cases the appeal was allowed on the basis of new evidence allowed to be filed at the appeal stage. City Optical Holdings Inc. v. The United [...]

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September Case Law

Posted by Larry Munn on October 13th, 2006

There are two trade-mark cases from the Canadian Courts in September 2006 of interest to readers. In Cafe’ Do Brasil, S.p.A. v. Walong Marketing Inc., the Federal Court agreed with the applicant, an Italian food products company, and expunged a registered trade-mark owned by the respondent. The respondent’s registered trade-mark, KIMBO, was identical to the [...]

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