Glen Breton vs. Scotch Whisky – Round 1

In a follow up to our posting of December 20, 2006, the Trade-marks Opposition Board has now sided with the Nova Scotia distiller of GLEN BRETON whisky.  In the Opposition Board’s view, members of the public who purchase GLEN BRETON whisky will not be confused into thinking that they are buying Scotch Whisky.  The Scotch Whisky Association has indicated that it will appeal the decision to the Federal Court, so stay tuned for Round 2.

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More Olympic Trade-mark Issues

Protecting the official trademarks of the Olympic Games is proving to be an ongoing challenge for the organizers of the Beijing 2008 Games, as well as the Vancouver 2010 Games. We reported some time ago regarding possible new Canadian legislation. Beijing organizers are now threatening legal action against pranksters that are using the Internet to poke fun at several of the official marks of the Beijing Games.

The website of the Vancouver Organizing Committee includes a 36-page list setting out the official marks of the Vancouver Organizing Committee and the Canadian Olympic Committee, including the Beijing Games marks that are currently being targeted. A portfolio of that size will likely generate some interesting new developments in trademark law as we draw closer to the 2010 Games.

iPhone Gets Its First Busy Signal

It didn’t take long for Cisco Systems to take a run at Apple, Inc.’s newly unveiled iPhone. Cisco owns a U.S. Trademark Registration for IPHONE in association with “computer hardware and software for providing integrated telephone communication with computerized global information networks”. Cisco has filed a lawsuit against Apple in the U.S. alleging trademark infringement among other things. Cisco alleges that up to the night before Apple’s introduction of the iPhone on Tuesday of this week at Macworld Expo, Apple and Cisco were negotiating the terms of an agreement that would have permitted Apple to use the mark.

There appear to be other entities using the iPhone mark for VoIP services, some of which have also filed applications to register the mark in association with such services. Cisco, in its lawsuit, alleges that Apple is applying to register the iPhone mark in the U.S. via a related or alter ego company called Ocean Telecom Services LLC. of 2004 on a proposed use basis.

Apple filed an application to register the mark iPhone in Canada in October of 2004 on a proposed use basis. That application is currently being opposed by Comwave Telecom Inc. Comwave  filed its own application for the mark iPhone in Canada, claiming use of that mark in Canada since June of 2004 for use in association with VoIP services.

About the Blog

The authors of the Canadian Trademark Blog are all members of the Canadian law firm Clark Wilson LLP, based in Vancouver, Canada. Each author's practice focuses–either in whole or in substantial part–on Canadian intellectual property law. Together, they manage the trade-mark portfolios of local, national and international brand owners in nearly all industries and markets.

The Authors