Archive for the "Trade-mark Oppositions" Category

Cigars and Alcohol: Confusing Trademarks

Posted by Larry Munn on December 13th, 2013

Tequila Cuervo, S.A.(“Cuervo“) filed an application in the Canadian Intellectual Property Office for the registration of the trademark LAZARO COHIBA based on proposed use in Canada with alcoholic beverages. Empresa Cubano Del Tabaco (“Empresa“), a distributor of tobacco related products that predominately distributes cigars and holds the COHIBA trademark, opposed the application on several grounds, [...]

TwitterFacebookLinkedInInstapaperShare
View the full post »

Bodum: Appeal Court Affirms Trademark Distinctiveness Analysis

Posted by Larry Munn on October 25th, 2013

An earlier blog commented on the Federal Court’s decision in  Bodum USA, Inc. v. Meyer Housewares Canada Inc.  Bodum commenced an action for infringement, passing off and depreciation of goodwill against Meyer, which counterclaimed for a declaration that Bodum’s registration was invalid.  Bodum’s action was dismissed and the registration expunged. The Court of Appeal has [...]

View the full post »

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 [...]

View the full post »