Archive for the "Famous Marks" Category

MACDIMSUM: Challenging a Family of Marks

Posted by Larry Munn on September 13th, 2013

In Cheah v. McDonald’s Corporation, the Federal Court of Canada held that MACDIMSUM is likely to be confusing with the MacDonald’s family of trademarks.  Focusing on the evidence presented, the Court distinguished several earlier cases in which McDonald’s failed to preclude other businesses from using the MC or MAC prefix, including McDonald’s Corporation v. Silcorp [...]

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Punitive Damages: Trademark and Copyright Infringement

Posted by Larry Munn on May 16th, 2013

The most recent case from the Federal Court continues the Court’s tough stance with respect to trademark and copyright infringement in Canada.  In Harley-Davidson Motor Co. Group LLC v. Manoukian, the Court awarded significant compensatory and punitive damages against the Defendant company and its principal. The Plaintiffs, H-D Michigan, LLC (“MI”), Harley-Davidson Motor Company Group, LLC [...]

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In Honour of Black Friday – Big Brand Retailers Fight Quebec Language Law

Posted by Neil Melliship on November 23rd, 2012

CBC reports that a group of  well-known retailers, including  WALMART, COSTCO and BESTBUY, are taking the Quebec Government’s French language watchdog to Court over its recent requirement that all retailers have signs that include either a generic French name or add a slogan or explanation to reflect what they are selling.  For example, rather than featuring [...]

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