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Intellectual
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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 recognizes that endorsement of a political party using registered trademarks owned by an apolitical organization can constitute depreciation of goodwill

  • July 29, 2024
  • David MG Bowden

This decision relates to an application brought by an American Telugu association (“TANA USA”) against an identically-named Telugu association in Canada (“TANA Canada”). The application sought an injunction and damages (including punitive damages) for infringement, passing, off, and depreciation of goodwill against TANA Canada and three of its individual directors.

Intellectual Property

Case summary: Material facts for vendors but not systems

  • July 29, 2024
  • Peter W. Choe

In the context of a patent infringement action, the Plaintiffs brought a motion to amend the Second Amended Statement of Claim to add additional vendors as contributors to the alleged infringement and to add additional systems as components of alleged infringing systems. This motion was brought after several days of examinations for discovery took place and motions to compel have been adjudicated.

Intellectual Property

Case summary: Plaintiffs failed to show that relevant documents existed

  • July 29, 2024
  • Peter W. Choe

In the context of a patent infringement action, the Plaintiffs brought a motion to compel the Defendants to provide a further and better Affidavits of Documents and to produce all relevant Documents in their possession, power or control, or (ii) in the alternative, to be entitled to cross-examine each of the Defendants on the creation of their Affidavits of Documents.

Intellectual Property

Case summary: Judicial review of decision by Commissioner to vary patent records

  • July 29, 2024
  • Shaun Cody

In this matter, a party (Canadian Energy Services L.P. – referred to in the decision as “CES”) applied for a judicial review of a decision by the Commissioner of Patents to vary the ownership and inventorship records of a Canadian patent. By way of brief background, CES had formally been listed as the owner of a patent with a specific individual listed as the inventor of the claim subject matter.

Intellectual Property

Case summary: Materiality of new evidence on appeals from trademark opposition proceedings

  • July 29, 2024
  • Julianna Felendzer

This is an appeal to the Federal Court by F.I.A.L. Finanziaria Industrie Alto Lario S.P.A (the “Applicant”) of a decision by the Trademark Opposition Board in an opposition proceeding where Galperti SRL (the “Respondent”) opposed the Applicant’s GALPERTI trademark (the “Trademark”).

Intellectual Property

Case summary: New evidence on appeal from the Board leads to success for the Applicant

  • July 29, 2024
  • Julianna Felendzer

This is an appeal to the Federal Court of a decision by the Trademark Opposition Board (the “Board”) in a non-use cancellation proceeding pursuant to Section 45 of the Trademarks Act. Red Maple Manufacturing Inc. (the “Applicant”) was ordered to delete part of the goods from its registration for a design mark with Registration No. TMA963,031 (the “Trademark”).

Intellectual Property

Case summary: Discovery issues result in cost penalties

  • July 29, 2024
  • Alan Macek

In the context of a patent infringement proceeding, the parties brought discovery motions. The plaintiff sought to strike portions of the statement of defence because the defendant failed to comply with its discovery obligations to produce relevant documents.

Intellectual Property