Archive for the "Case Law" Category

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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Recent Case Law

Posted by Larry Munn on September 10th, 2006

Summer is a quiet time for the Canadian courts. Looking back at July and August, there are three decisions that deserve a brief summary: In Ratiopharm Inc. v. Laboratories Riva Inc., the Federal Court dismissed the plaintiff’s action alleging infringement of its registered Canadian trade-mark. The plaintiff sold a codeine based cough syrup under the [...]

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