Archive for the "Protection & Enforcement" Category

Trader Joe’s trying to make Pirate Joe’s “walk the plank” in U.S. trade-mark case

Posted by Kwan Loh on September 8th, 2016

In the ongoing dispute between Michael Hallatt, a Vancouver businessman, and U.S. based retailer Trader Joe’s, the United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) has overruled the 2013 decision of the U.S. District Court for the Western District of Washington (the “District Court”) not to hear Trader Joe’s claim against [...]

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In no mood for charity: Federal Court confirms that charities are not necessarily public authorities

Posted by Kwan Loh and Laura Cojocaru on August 18th, 2016

The Federal Court of Canada recently confirmed in Starbucks (HK) Limited v. Trinity Television Inc., 2016 FC 790 (the “Decision”) that status as a charity is, in and of itself, insufficient to constitute an entity as a public authority for the purpose of obtaining an official mark. (For a discussion about official marks and their [...]

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What’s Your Evidence? The Danger of Hearsay Evidence in IP Litigation

Posted by Andrew Dixon on July 27th, 2016

In Pfizer Canada Inc. v. Teva Canada Limited, 2016 FCA 161, the Federal Court of Appeal (“FCA”) recently overturned a substantial damages award in a pharmaceutical patented medicines action on the basis that the trial judge admitted improper hearsay evidence. This is an important reminder that the hearsay rule of evidence is alive and well. [...]

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