Archive for the "Protection & Enforcement" Category
Declaring Control in Expungement Proceedings
In De Grandpré Chait v. Mead Products LLC, the Trademarks Opposition Board (the “Board”) maintained the registration for YEAR-IN-A-BOX (the “Mark”), which is registered for use in association with calendars. At issue was whether the registrant, MeadWestvaco (the “Registrant”), had demonstrated sufficient control over the entity selling the calendars in Canada in association with the [...]
Injunction for Trademark Infringement: Québec
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 [...]
Punitive Damages: Trademark and Copyright Infringement
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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