Toys “R” Us (Canada) Ltd. brought an application in the Federal Court of Canada to enforce its TOYS R US registered marks against a cannabis dispensary, Herbs “R” Us Wellness Society. Toys claimed that Herbs’ use of its HERBS R US design mark constituted trademark infringement, passing off, and depreciation of goodwill, contrary to the Trademarks Act.

The appellant appealed the decision of the Registrar of Trademarks in maintaining the respondent’s registrations for FORGET-ME-KNOT and LOVE-KNOT covering, inter alia, jewellery.

This decision concerned the costs of a patent infringement action brought by Seedlings Life Science Ventures LLC against Pfizer Canada ULC, in which Pfizer was successful on all issues.

Request for costs rejected

Copyright Board ‘relatively unconstrained’

This is a judicial review of a decision of the Copyright Board that “the merely making available of a work for the purpose of later streaming or download by the public” was an event for which a tariff was payable (see CB-CDA 2017-085).

Spectrum Brands, Inc. brought a motion in the Federal Court for an Order seeking an extension of time to file a Notice of Application against a decision of the TMOB. The Registrar’s decision had refused Schneider Electric Industries SAS’s application for the trademark WISER, in respect of certain goods, but allowed it in respect of other goods and services. The court declined to grant an order for an extension of time.

Innovative Medicines Canada, along with several Canadian innovative pharmaceutical companies, brought an application for judicial review of recent amendments to the Patented Medicines Regulations, arguing that the amendments were ultra vires the Patent Act.

These decisions concern two appeals from decisions of the Registrar of Trademarks, expunging the applicant’s LE DELIZIE ZARA mark and PASTA ZARA & DESIGN mark from the Register. The Registrar expunged both marks because the only evidence filed by the applicant was not in the proper form.

VisionWerk Investment Properties Inc. v Strong Industries, Inc., 2020 FC 378