Archive for the "Case Law" Category

Injunction for Trademark Infringement: Québec

Posted by Larry Munn on June 4th, 2013

In Solutions Abilis Inc. v. Groupe Alithis Inc., the Québec Superior Court granted the plaintiff an interlocutory injunction precluding the defendant from using ALITHIS as part of its corporate name or trade name or as a trademark.  The test for an interlocutory injunction in Québec turns on whether the rights which the plaintiff invokes are clear, doubtful [...]

TwitterFacebookLinkedInInstapaperShare
View the full post »

Both Here and There: Trademark Use on Websites Available in Canada

Posted by Larry Munn on January 21st, 2013

According to a December, 2012 decision of the Federal Court, HomeAway.com, Inc v. Hrdlicka, “a trade-mark which appears on a computer screen website in Canada, regardless where the information may have originated from or be stored, constitutes for Trade-marks Act purposes, use and advertising in Canada.”  This broad statement suggests that the appearance of a [...]

View the full post »

Bodum Gets French Pressed by Federal Court In Trademark Dispute

Posted by Neil Melliship on December 18th, 2012

Canada’s Federal Court has recently handed Bodum USA, Inc. (Bodum) another loss in its ongoing fight to enforce its trademark and other intellectual property rights in this country.  In the most recent decision, the Court has found that the Canadian Registration for the trademark FRENCH PRESS is invalid and unenforceable.  This Registration is owned by Pi [...]

View the full post »