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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 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

Case summary: New material evidence filed on appeal insufficient for Federal Court to find confusion

  • August 16, 2022
  • Michal Kasprowicz

Align Technology Inc. (Align) appealed a decision of the Trademark Opposition Board (TMOB), dismissing its opposition to Osstemimplant Co., Ltd.’s (Osstemimplant) application for the mark MAGICALIGN, associated with orthodontic goods. The TMOB held that confusion was unlikely between Align’s family of ALIGN marks and MAGICALIGN. The Federal Court dismissed the appeal.

Intellectual Property

Federal Court examines its jurisdiction in copyright dispute

  • August 15, 2022
  • Homira Haqani

The Plaintiff, Planit Software Ltd. (“Planit Software”) brought a claim against the Defendant, Mr. Beaver Inc. (“Mr. Beaver”), alleging the Defendant reproduced copies of the Plaintiff’s software, AlphaCAM and NCSIMUL.

Intellectual Property

Designing around contempt

  • August 15, 2022
  • Peter W. Choe

The Plaintiffs brought a motion for contempt of the Court’s Judgment of the decision in Deeproot Green Infrastructure, LLC v. Grenblue UrbanNorth America Inc. 2021 FC 501, wherein the Defendant was found to have infringed the Plaintiffs’ asserted patents.