Archive for the "Case Law" Category

December Case Law

Posted by Larry Munn on January 8th, 2007

There were three cases out of the Federal Court in December 2006 that are of interest. In Omega Engineering, Inc. v. Omega SA, 2006 FC 1472, the Applicant was the owner of the trade-mark OMEGA and three related marks for use in association with scientific and industrial clocks and timers, amongst other measuring instruments used [...]

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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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