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Intellectual
Property

CBA Intellectual Property Section

Articles are published by the Intellectual Property Section. Members interested in posting articles are encouraged to send them to the Section by email: CBAI_P@cba.org.

Today
Today

Case summary: Application to show trademark use allowed, in writing

  • May 21, 2019
  • Alan Macek

On this application, Roots sought to strike the trademark registration for CABIN FEVER & Design used in association with various clothing owned by YM, which operates stores under brands such as Stitches, Bluenotes, Sirens, Suzy Shier and Urban Planet.

Intellectual Property

Case summary: Federal Court

  • May 16, 2019
  • Shaun B. Cody

This matter involved an application by Yeti Coolers, LLC to expunge an existing trademark registration for the word mark “TUNDRA” held by the respondent, HowSue Holdings Inc.

Intellectual Property

Case summary: FCA decision affirms approach to obviousness is flexible

  • May 16, 2019
  • David Chapman

Pfizer brought an application for a prohibition order under the PM(NOC) Regulations against Teva, relating to the drug Form I O-desmethyl-venlafaxine (ODV) succinate. A companion proceeding was brought against Apotex for the same drug, and in both cases a prohibition order was granted.

Intellectual Property

Case summary: FC pinpoints NDS’s filing date for compliance with patent listing

  • May 16, 2019
  • Ken Clark

This case is a judicial review of a decision as to whether the patents relating to the drug IMPRESTOR could be listed on the patent register. Subsection 4(5) of the PMNOC Regulations requires that a patent that is to be included on the patent register must have been filed prior to the date of filing of the new drug submission.

Intellectual Property

Case summary: Off-road patent invalid

  • May 16, 2019
  • Peter W. Choe

This is a patent infringement action concerning a family of three patents – 294, 562 and 509 – regarding track assemblies to be installed on all-terrain vehicles to facilitate their operation on snow and other unstable or uneven surfaces.

Intellectual Property

Case summary: Better evidence on s. 45 appeals can be costly

  • May 16, 2019
  • Matthew Boyd

The applicant, Hi-Star Franchise Systems, is the owner of Canadian trademark registration no. TMA 761,343 for the mark “WE’VE GOT YOUR BACK” in association with the services “real estate, mortgage and insurance brokerage services.”

Intellectual Property

Case summary: Federal Court of Appeal considers trademark use and profit

  • May 16, 2019
  • David Chapman

The Registrar of Trademarks issued a s. 45 notice to the appellant, Cosmetic Warriors Limited at the request of Riches, McKenzie & Herbert LLP. The registrar held that the appellant had demonstrated use of the trademark under s. 4(1), but this finding was overturned by the Federal Court. The appellant appealed that decision to the Federal Court of Appeal.

Intellectual Property