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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:


Case Summary: Appeal of Trade-marks Opposition Board decision moot

  • September 06, 2016
  • Kathryn May

This was an appeal of a decision by the Trade-marks Opposition Board to grant La Tortilla Factory’s applications to register the trade-marks SMART & DELICIOUS WRAPS and SMART & DELICIOUS TORTILLAS, both in association with “tortillas and sandwich wraps.” Canada Bread had unsuccessfully opposed the applications, arguing that these marks were not registrable because they were confusing with Canada Bread’s SMART family of trade-marks.

Intellectual Property

IP Tip Sheet for Brexit

  • July 12, 2016

The recent Brexit vote took a lot of people by surprise – including some of those who voted for it. Currency speculators were particularly hard hit in the short term, but if you’re wondering what difference a British exit from the EU might make to your business in the long run, the CBA’s Intellectual Property Section has produced this tip sheet to provide some early guidance.

Intellectual Property

Message from the Editor

  • June 14, 2016
  • Chantal Saunders

Newsletter Committee Chair Chantal Saunders of Borden Ladner Gervais introduces the latest in the Section’s series of IP Case Summaries.

Intellectual Property

Case Summary: Janssen Inc. v. Teva Canada Limited, 2016 FC 593 (Hughes, J.)

  • May 31, 2016
  • Brice Goldfeldt, Carscallen LLP

This trial was held to determine the damages and quantification thereof arising out of a judgment of the Federal Court (Janssen-Ortho Inc. v. Novopharm Ltd., 2006 FC 1234), in which it was determined that Claim 4 of Canadian Patent No. 1,304,080 was valid and had been infringed by the defendant by its sale, offering for sale, and other dealings in levofloxacin-containing products in Canada.

Intellectual Property