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trademarks

Are Trade-marks Recession Proof?

Are Trade-marks Recession Proof?

Ashlee Froese is an Osgoode Hall alumnus and currently practices intellectual property at the law firm of Keyser Mason Ball LLP. In today's tough economic times, downsizing and cutting costs has become the global universal mantra.  But is this strategy necessarily applicable to intellectual property?  Given that trade-mark rights can exist in perpetuity, their value […]

'Painters Eleven' - A Possible Win Provides Some Security For The Public

'Painters Eleven' - A Possible Win Provides Some Security For The Public

Last week the Globe & Mail put out an article on a recent trademark registration that raised the ire of many in the art market. It seems like this issue has now been resolved as the Trademark holders have recently stated that they are willing to expunge the mark and consequently, submit to the storm […]

Trade-mark opposition loss for owners of GLAMOUR magazine

Trade-mark opposition loss for owners of GLAMOUR magazine

Sanjukta Tole is an Osgoode Hall alumnus and practiced with the IP Group of a large Vancouver law firm. Farleyco Marketing Inc. ("Farleyco") filed a trade-mark application for the trade-mark GHOULISH GLAMOUR for use in association with "Halloween cosmetics and eyelash accessories" on December 16, 2003. Farleyco then commenced selling their products in September 2004. […]

Dare I use the term "netbook"?

Dare I use the term "netbook"?

Have you seen that new Sony Netbook? The one small enough to fit in your purse? The term netbook is typically used to describe ultra-portable network-enabled laptop computers that are used primarily for low intensity wireless activities like emailing and surfing the web. The typical size of a netbook screen ranges from seven inches to […]

Web Linking Trademark Dispute Settled

Web Linking Trademark Dispute Settled

A settlement has been reached in the U.S. trademark/web linking dispute between law firm Jones Day and real estate information site BlockShopper.com. Jones Day had sought to prevent BlockShopper from linking to Jones Day’s site because they claimed BlockShopper improperly used Jones Day’s marks and gave the impression that Jones Day somehow approved or was […]

New Top Level Domains (TLDs) Create Tension For Trademark Owners

New Top Level Domains (TLDs) Create Tension For Trademark Owners

Internet users are familiar with the current top level domain structure of the World Wide Web. .com, .edu, and .org, amongst others, are all part of the common vocabulary used to navigate the wealth of information available online. Recently, the Internet Corporation for Assigned Names and Numbers (ICANN) approved a plan to add more top […]

Single Malt Whisky

Single Malt Whisky

Glenora Distillers has won a trademark dispute before the FCA over the name of their Canadian single malt whisky, Glen Breton. The Scotch Whisky Association argued that the prefix “glen” has become recognized in Canada as designating a single malt whiskey distilled in Scotland and so s.10 of the Trade-marks Act should operate to prevent […]

The Grey-Market: Are the Benefits Worth the Costs?

The Grey-Market: Are the Benefits Worth the Costs?

Grey market goods are legally-produced goods obtained in a foreign country which are imported into a domestic market via an unauthorized distribution channel.  These parallel-import goods are typically obtained in a country where the cost of such goods are low enough so that the importer can sell them at a price lower than the domestic […]

Exploring Depreciation of Goodwill as a New Ground of Trade-mark Opposition

Exploring Depreciation of Goodwill as a New Ground of Trade-mark Opposition

Sanjukta Tole is an Osgoode Hall alumnus and practiced with the IP Group of a large Vancouver law firm. In 2006, the Supreme Court of Canada released its decision in the case of Veuve Clicquot Ponsardin, Maison Fondee en 1772 v. Boutiques Cliquot Ltee, 2006 SCC 23 ("Veuve Clicquot"), in which the maker of the […]