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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: Federal Court grants ex parte motion for default judgement in trademark infringement matter involving online counterfeiting of luxury goods

  • May 09, 2023
  • William S. Foster

The Plaintiffs, Louis Vuitton Malletier and Louis Vuitton Canada, Inc., brought an ex parte motion for default judgment to stop the Defendant from marketing and selling counterfeit goods online through e-commerce and social media applications. The Court held that the Plaintiffs’ trademarks were infringed and granted the Plaintiffs’ request for both compensatory and punitive damages.

Intellectual Property

Case summary: Federal Court allows counterclaim against non-asserted claims as of right

  • May 03, 2023
  • Tina Dekker

Boehringer Ingelheim (Canada) Ltd and Boehringer Ingelheim International GMBH (collectively “Boehringer”) sought summary judgment dismissing Sandoz Canada’s and Sun Pharma Canada Inc.’s (the Defendants) counterclaim for invalidity against non-asserted claims in the underlying actions under s. 6(1) of the PM(NOC) Regulations. The Federal Court dismissed the motion, holding that a counterclaim is available as of right to the defendant.

Intellectual Property

Method claims to be reconsidered

  • May 02, 2023
  • Peter W. Choe

The Coca-Cola Company [TCCC] appealed a decision of the Commissioner in which the Commissioner adopted the recommendations of the Patent Appeal Board and refused to grant a patent on the basis of obviousness.

Intellectual Property

TRAVEL LEADERS expunged for abandonment and punitive damages awarded

  • May 02, 2023
  • Will Boyer

The Travel Leaders trademark has been contentious between these two parties for over a decade. In this decision, TLG succeeded in having the trademark expunged and obtained nominal damages for passing off of another trademark, punitive damages and costs from Ontario Inc.

Intellectual Property

Case summary: Federal Court affirms refusal of application despite coexistence agreement

  • May 02, 2023
  • David Bowden

The decision involves the refusal, by the Registrar of Trademarks, to approve an application to register the trademark TRIBAL CHOCOLATE in association with hair products. The Registrar refused the application on the basis of its finding that the trademark was likely to be confused with the trademark TRIBAL, which had been previously registered by a third party in association with similar goods.

Intellectual Property

Case summary: Federal Court finds new material evidence filed on appeal sufficient to partially restore goods and services registered in association with MASTER SADDLE trademarks

  • May 02, 2023
  • David Bowden

This decision involves an appeal of summary non-use cancellation proceedings, pursuant to section 45 of the Trademarks Act, in which all of the registered goods and most of the registered services were deleted from two of the Applicant’s registrations for MASTER SADDLES (in word and design form).

Intellectual Property