Archive for the "Case Law" Category

Official Marks in Canada – Foreign public authorities need not apply

Posted by Karen Monteith on April 23rd, 2012

In a recent decision, the Federal Court of Canada (Trial Division) has ruled in favour of Maple Leaf Foods Inc. (“Maple Leaf”) in an appeal of the decision of the Registrar of Trade-marks refusing Maple Leaf’s application to register the trade-mark PARMA & Design.  The Registrar had refused the application on the basis that the mark so nearly [...]

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Social Media: A Lesson for Trademark Owners

Posted by Larry Munn on April 13th, 2012

A recent Quebec case and the resulting social media criticism provides a cautionary tale for trademark owners who aggressively assert their rights.  Success in the court room may in some instances have a negative impact on goodwill. Trademark owners should be taking social media into account when assessing their litigation options. Deborah Kudzman, the founder of [...]

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I Hear You Calling – Sound Mark Applications Now Being Accepted

Posted by Neil Melliship on March 28th, 2012

In a reversal of it’s long held position, the Canadian Intellectual Property Office (CIPO) has today announced that it is now accepting applications to register sound marks.  This announcement apparently comes as a result of ongoing Federal Court of Canada proceedings regarding an application filed in 1992 by Metro-Goldwyn-Mayer Studios Inc. (MGM) to register as a trade-mark [...]

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