Archive for the "Uncategorized" Category

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 [...]

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Trademark Evidentiary Issues / Colour as a Trademark

Posted by Larry Munn on August 13th, 2013

JTI Macdonald TM Corp. v. Imperial Tobacco Products Limited, a recent decision of the Federal Court, includes interesting findings regarding the introduction of additional evidence on appeals, colour constituting a trademark rather than a distinguishing guise and the evidence necessary to establish non-distinctiveness. Imperial Tobacco applied to register “the colour orange applied to the visible [...]

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Injunction for Trademark Infringement: Québec

Posted by Larry Munn on June 4th, 2013

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 [...]

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