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The Curious Case of the Woodpecker and the Injunction

The Curious Case of the Woodpecker and the Injunction

In Woodpecker Hardwood Floors (2000) Inc v Wiston International Trade Co, Ltd (2013 BCCA 553), the BC Court of Appeal denied an appeal to overturn an interlocutory injunction which enjoined the use of a registered trade-mark in an action for passing off.  This case is surprising, both due to its strange relationship with judicial precedent […]

Semantics? LG Electronic’s Losing Battle Over DIRECT DRIVE®

Semantics? LG Electronic’s Losing Battle Over DIRECT DRIVE®

Courtney Doagoo is a doctoral student at the University of Ottawa, Faculty of Law. On November 22, 2011, the European Community Court of Justice rejected an Appeal made by LG Electronics for the trade mark registration of the word sign DIRECT DRIVE for Class 7 and 11 wares (namely electric washing machines for household purposes, […]

Improving the Trademark Registration Process through the Use of Private Actors

Improving the Trademark Registration Process through the Use of Private Actors

Irina D. Manta is an Assistant Professor at the Case Western Reserve University School of Law. It is a common misconception in the United States that while applications for patent registration suffer delays, problems with the much simpler process of trademark registration are few and far between. As a result, scholars and practitioners have started […]