Trademark

Boaden Catering Limited v. Real Food for Real Kids Inc. – Some IP with your lunch?

Boaden Catering Limited v. Real Food for Real Kids Inc. – Some IP with your lunch?

Boaden Catering Limited v. Real Food for Real Kids Inc. is a recent decision from the Ontario Superior Court that includes a healthy plateful (pun intended) of intellectual property related issues, both substantive…

The importance of policing your trademarks: The need to “Strike Back”

The importance of policing your trademarks: The need to “Strike Back”

I was recently asked by the Toronto Star to comment on Lucasfilm’s decision to serve a charitable organization called Newmindspace with a cease and desist letter demanding that they stop all use…

The ABC’s of Section 6(5)(a)-(e): Back to basics on trademark confusion

The ABC’s of Section 6(5)(a)-(e): Back to basics on trademark confusion

In its recent decision in Home Hardware Stores Limited v Benjamin Moore & Co Limited, 2015 FC 1344, the Federal Court has taken us back to the basics of assessing the likelihood…

A brief history of passing off, websites and “initial interest confusion” in Canada

A brief history of passing off, websites and “initial interest confusion” in Canada

The Federal Court’s recent decision in Red Label Vacations Inc. (redtag.ca) v. 411 Travel Buys Limited (411travelbuys.ca), 2015 FC 19 is the latest in a series of Canadian cases to address the tort of passing…

Use it or lose it: clearing dead wood from the Trademarks Register

Use it or lose it: clearing dead wood from the Trademarks Register

What can you do when you want to use or register a trademark that someone else has already registered but who, you suspect, is no longer using it? This was the issue…

Register your trademarks – There’s never been a better time to do so

Register your trademarks – There’s never been a better time to do so

There’s never been a better time than now to register your trademarks, like the name of your business, your logo or the brand names for your products or services.In Canada, registering a…

Major changes coming to Canadian trademark law

Major changes coming to Canadian trademark law

Canada’s Trade-marks Act is about to undergo its most significant amendments since it was first enacted in 1953. Even the spelling of “trade-mark” will change (to “trademark”). Trademark practitioners and their clients should take…

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