Articles

CBA Members

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 returns request for amended statement of opposition to TMOB

  • August 16, 2022
  • Natasha Gulati

In this case, the Federal Court allowed an appeal of a decision by the Trademarks Opposition Board on behalf of the Registrar to reject a request by Anheuser-Busch, LLC for leave to file an amended Statement of Opposition pursuant to section 48 of the Trademarks Regulations, SOR/2018-227 in the opposition of H.OW. Medical Solutions Ltd.’s trademark application for the mark HELPING PEOPLE FEEL BETTER ONE BUD AT A TIME in association with a broad range of cannabis products filed on May 11, 2018.

Intellectual Property

Case summary: Federal Court rules on diaper patents

  • August 16, 2022
  • Anika Klassen and Pablo Tseng

In 2016, Angelcare Development Inc. and other companies (collectively, “Angelcare”) sued Munchkin, Inc. and Munchkin Baby Canada, Ltd (“Munchkin”) for patent infringement, referencing six patents in connection with its “Diaper Genie” diaper disposal system: 2,640,384, 2,855,159, 2,936,415, 2,936,421, 2,937,312, and 2,686,128 (collectively, the “Patents”).

Intellectual Property

Case summary: Federal Court dismisses patent action related to interactive TV program guides

  • August 16, 2022
  • David Schnittker

Rovi Guides, Inc. (“Rovi”) brought an action alleging Videotron Ltd. (“Videotron”), infringed four of its patents related to interactive TV program guides (“IPGs”) – interactive guides that display TV program schedules: the ‘061, ‘870, ‘344, and ‘629 Patents. The Court ruled in favour of Videotron, finding all four patents obvious.

Intellectual Property

Case summary: Court maintains evidentiary burden for owners in section 45 proceedings

  • August 16, 2022
  • Ben Pearson

Fasken Martineau DuMoulin LLP (Fasken) appealed the decision (2021 TMOB 56) of the Registrar of Trademarks (the Registrar), regarding the section 45 proceedings Fasken had commenced against GENTEC, a partnership consisting of 9011089 Ontario Limited and 2494979 Ontario Limited (Gentec) for their trademark “IQ” (Trademark Registration No. TMA 780,998) (the Mark) with respect to the good “headphones.”

Intellectual Property

Case summary: Federal Court addresses test for permitting corporate defendants to be represented by their officers

  • August 16, 2022
  • Eric Li

This decision concerned a motion seeking leave to permit Unified Business Solutions Group Inc to be represented by personal Defendants Mr. Alaya and Mr. Yones, who are co-founders of the corporation. This motion also contained a second element, which the Federal Court characterized as a motion to set aside the default judgment granted in the underlying trademark infringement action.

Intellectual Property

Case summary: Translations of foreign words can be suggestive of registered goods and services

  • August 16, 2022
  • Eric Li

This decision concerned an unopposed application by Mondo Foods Co Ltd (“Mondo Foods”) to enforce its family of MONDO trademarks against Les Industries TorréMonde Inc/TorreMondo Industries Inc (“TorréMonde”), which registered the TORREMONDO & Design trademark in March 2019 for use in association with the sale of coffee and related products.

Intellectual Property