Recently we wrote about TFI Foods Ltd. v. Every Green International Inc. which saw the Federal Court grant an interlocutory injunction in a trademark infringement and passing off case. However, as we noted the plaintiff’s motion was uncontested so it’s difficult to say the decision, in that case, makes it much easier to win these motions. For more click here.
Trademark infringement and interlocutory injunctions
Insights
What Courts Can Decide Trademark and Copyright Cases?
Trademark and copyright infringement cases are typically litigated in the Federal Court of Canada which has the expertise and jurisdiction to decide these cases. While they can also be litigated in provincial courts, the parties to these disputes (particularly plaintiffs) often prefer to litigate them in the Federal Court for a variety of reasons. However,…
The latest from the Federal Court on “new evidence” in Trademarks Opposition Board appeals
It has been more than a year since an amendment to the Trademarks Act came into force requiring parties to appeals from the Trademarks Opposition Board (the “TMOB”) to obtain leave to file new evidence. The requirement, under section 56(5), has generated a growing body of case law that began with Products Unlimited, Inc v…
John Simpson recognized in the 2027 edition of The Best Lawyers in Canada™
Shift Law is pleased to announce that John Simpson has once again been recognized in The Best Lawyers in Canada™ for his exceptional work in Intellectual Property Law. This marks the sixth consecutive year that John has received this honour, having been recognized by Best Lawyers in this practice area since 2022. Best Lawyers recognition…
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