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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

Jurisdiction of the Federal Court does not extend to issuing an injunction pursuant to Section 39 of the Canadian Environmental Protections Act

  • November 17, 2021
  • William S. Foster

Glowfish LLC (“Glofish”) brought proceedings seeking injunctions under the Trademarks Act (the “TMA”), Canadian Environment Protection Act, 1999 (the “CEPA”), and New Substances Notification Regulations (Organisms) as against Oceanview Enterprise (“Oceanview”) and Animalerie Auqa Terra (“Aqua Terra”) with respect to various activities involving genetically engineered fluorescent fish.

Intellectual Property

King vs. Kingsford: Likelihood of confusion upheld on appeal

  • November 17, 2021
  • Peter W. Choe

Tokai filed a trademark application for KING for barbeque and fireplace lighters, and for cigarette lighters. Kingsford successfully opposed the application based upon its KINGSFORD marks. Tokai brought an appeal to the Federal Court, principally basing its appeal on the issue of likelihood of confusion between KING and registrations for KINGSFORD.

Intellectual Property

Case summary: Alexion Pharmaceuticals Inc. v. Canada

  • November 17, 2021
  • Cheryl Cheung

This appeal dealt with a judgment of the Federal Court, which dismissed an application for judicial review brought by Alexion in respect of a decision by the Patented Medicine Prices Review Board (the “Board”). The Board had concluded that Alexion priced its Soliris product excessively contrary to the Patent Act and ordered Alexion to forfeit excess revenues earned between 2009 and 2017.

Intellectual Property

Case summary: Federal Court of Appeal dismisses trademark appeal

  • November 17, 2021
  • Antonio Alcantara Tangonan

Geox S.p.A. (“Geox”) appealed a Federal Court decision that dismissed its appeal of a decision by the Trademarks Opposition Board (“TMOB”). In its decision, the TMOB amended the registration of the trademark ANFIBIO & Design, owned by Giuseppe De Luca, deleting the goods “shoes,” but maintaining the goods “boots” pursuant to subsection 45(3) of the Trademarks Act (non-use).

Intellectual Property