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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

Section 22 energizes plaintiffs’ comparative advertising claim

  • November 02, 2023
  • Peter W. Choe

The Defendants’ use of the Plaintiffs’ registered trademarks ENERGIZER and ENERGIZER MAX in comparative advertising on packaging labels or stickers for the very products listed in the registrations contravenes section 22 of the Trademarks Act.

Intellectual Property

Federal Court grants default judgment to Burberry and Chanel

  • November 01, 2023
  • Hung Nguyen

Burberry Limited and Chanel Limited (“Plaintiffs”) brought an action in Federal Court against Juvilyn Ward and Kevin Ward (“Defendants”), for importing, offering for sale and selling counterfeit BURBERRY and CHANEL clothing and fashion accessories.

Intellectual Property

Case summary: Federal Court of Appeal dismisses appeal of contempt motion

  • November 01, 2023
  • Chantal Saunders

After a decision in which the Federal Court found infringement of two patents and issued an injunction against GreenBlue, DeepRoot brought contempt proceedings in the Federal Court in respect of GreenBlue’s “design-around.”

Intellectual Property

Case summary: Court rejects argument that plaintiffs’ counsel cannot object on examination for discovery to improper questions asked of non-party inventors

  • November 01, 2023
  • David Schnittker

The Defendant in a patent action, Sandoz Canada Inc., brought a motion to compel the Plaintiffs, Boehringer Ingelheim (Canada) Ltd and Boehringer Ingelheim International GMBH, to answer questions refused on the discovery of inventors under Rule 237(4) of the Federal Courts Rules (the “Rules”).

Intellectual Property

Case summary: Permissible variations of a registered trademark

  • November 01, 2023
  • Julianna Felendzer

The Respondent initiated a summary cancellation proceeding under section 45 of the Trademarks Act, RSC 1985 c T-13 (the “TMA”) against the Applicant (“NBCL”) for their registered mark “NORTH BREWING.” The Registrar of Trademarks sent the cancellation notice of NBCL’s registered mark on May 31, 2021.

Intellectual Property