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A Canadian Intellectual Property, Technology and Branding Law
e-newsletter to keep you informed.
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Descriptive Trademarks Are Demanding |
A recent case in the United Kingdom illustrates the problems associated with a descriptive trade mark.
The plaintiffs were members of a substantial Hong Kong-based group of broadcasting, media and telecommunications companies headed by PCCW Ltd. (PCCW). Starbucks (HK) Limited, a PCCW company, owned the registered Community Trade Mark shown below...
click here to read more. |
Wayback to the Future of Online Evidence |
The Internet already lets you live out a vicarious online life, perhaps more thrilling than your own, through sites like Second Life, Lively or There.com. Now you can also travel back in time on the Wayback Machine, to view certain websites as they were more than sixteen years ago. The Wayback Machine is an Internet search tool for archived web pages, which permits you to ... click here to read more. |
The America Invents Act: Sweeping Changes to U.S. Patent Law - Part I |
Almost invariably, Canadian inventors choose the United States as a key market for securing patent protection. Canadian inventors now contemplating a patent filing in the United States should be aware of the changes made to U.S patent law through the introduction of the Smith-Leahy America Invents Act, which will come into effect March 16, 2013. Key changes are about to come into force over and above...click here to read more. |
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Best and Worst Brand Names of 2012 |
 From Abarth to Zzzquil, it's been an exciting year in the world of brand naming. Our look at the Top 5 Best and Worst of 2012:
THE BEST #5: ZzzQuil literally uses "a few Zs" to achieve a clever riff on NyQuil, introduced in 1968 and long a universally recognized brand name. As with iterations including DayQuil, ZzzQuil takes advantage of ...click here to read more. |
Invoices and Trade Mark Use |
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A recent decision of the Federal Court of Appeal shows the importance of trade mark "use" although in some cases it can be difficult to determine when it has occurred.
 The Facts
Iwasaki Electric Co. Ltd (Iwasaki) applied for registration of the trade mark HORTILUX in association with electric lamps, claiming December 31, 1997 as the date of first use in Canada. HortiluxSchrederB.V. (Hortilux) opposed the application on the basis, among others that it had used the mark in Canada in association with lighting reflectors before Iwasaki had first used the Mark in Canada.
The Trade-Mark Opposition Board granted Iwasaki's application as it was concluded...
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The America Invents Act: Practical Upcoming Implications - Part II.
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 As summarized in part I of our two-part report, some of the most significant recent changes to United States patent law will be implemented on March 16, 2013, pursuant to The Smith-Leahy America Invents Act (the "Act"). Under this Act, the United States will move from a 'first-to-invent' system to a 'first-to-file' system. Filing under the new first-to-file regime, as opposed to before March 16, 2013, will prevent an inventor from relying on an earlier invention date to defeat an earlier filing by someone else, for the same invention. Applicants under the new Act will be subject to new provisions related to...click here to read more. |
Recent Developments Concerning Survey Evidence |
A recent decision of a U.K court concerning survey evidence may provide a view of where Canadian courts will be going in the future.
In 2011 the Supreme Court of Canada considered theadmissibility of survey evidence in case where it was necessary to determine whether two trade marks were confusing. The case featured...click here to read more. |
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Goldman Sloan Nash & Haber LLP | 480 University Avenue | Suite 1600 | Toronto, ON | M5G 1V2
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