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trademark

If Twinkies can Survive Nuclear War, They can Survive This

If Twinkies can Survive Nuclear War, They can Survive This

Hostess, the brilliant minds behind the TwinkieTM, filed for a motion to wind down business operations as the result of being unable to reach an agreement with the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union (BCTGM).  Though the company itself suffered from an inflated cost structure, their trade-marks, which include TwinkieTM, Ding DongsTM and WonderTM (bread), still […]

ICANN Reveals New gTLD Applications

ICANN Reveals New gTLD Applications

On June 13th 2012, the Internet Corporation for Assigned Names and Numbers (ICANN), revealed the applications for new generic Top-Level Domain names (gTLD) in a press release and conference. In his opening address, President and Chief Executive Officer of ICANN Rod Beckstrom stated that the “internet is about to change forever”, and that the gTLD […]

Where there's Rum, there are Pirates

Where there's Rum, there are Pirates

The history of the “Havana Club” brand rum is a long one.  It was originally produced and sold by the Arechabala family until 1960, when the Castro government confiscated their holdings without compensation.  Since this included the Arechabala’s rights to sell their rum, the Cuban government began selling the rum themselves under the stolen “Havana […]

The Acceptance of Sound Trade-Marks - What’s Next for CIPO?

The Acceptance of Sound Trade-Marks - What’s Next for CIPO?

In view of the recent Federal Court Order, the Canadian Intellectual Property Office (CIPO) will now accept applications for sound marks. This groundbreaking decision arises in recognition of the nearly nineteen year legal conflict with Metro-Goldwyn-Mayer Studios (MGM) whom, after an appeal of a CIPO decision in 2010, have now acquired the right to trade-mark […]

Twenga Trademark Troubles

Twenga Trademark Troubles

Twenga, Societe Anomyme (“TSA”) owns the registration for the mark TWENGA in Canada, which was applied for in May 12, 2008 and registered on October 25, 2011. Prior to the issuance of TSA’s registration, on October 5, 2010, the Registrant registered the Domain Name. The Registrant’s contact information was protected by the privacy rules of […]

Flower Powers – ECJ Rules On Interflora v Marks And Spencer

Flower Powers – ECJ Rules On Interflora v Marks And Spencer

Ben Farrow is a JD candidate at Osgoode Hall Law School. On September 22, 2011, the European Court of Justice handed down a judgement on a series of trade mark related questions spurred by the long running dispute between international flower delivery network Interflora and English retailer Marks and Spencer. The case stemmed from a […]