Archive for the "Case Law" Category

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 [...]

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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 [...]

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Engineering a Successful Trademark Opposition: Canada’s Federal Court finds that KELLY ENGINEERING RESOURCES mark is deceptively misdescriptive

Posted by Jeff Morton on December 12th, 2012

A recent Federal Court decision in Canadian Council of Professional Engineers v. Kelly Properties, LLCreversed a prior Trademarks Opposition Board (TMOB) decision by holding that Kelly Properties’ KELLY ENGINEERING RESOURCES trademark application was not registrable. In the prior TMOB proceedings, the opposing party, Canadian Council of Engineers, was unsuccessful in its opposition to the KELLY ENGINEERING [...]

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