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Protecting Publicity Rights by Claiming Passing Off
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The Code of Conduct for Expert Witnesses
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A recent decision of the Federal Court emphasizes the importance of ensuring that expert witnesses understand their independent advisory role to the Court.
The Applicant's Marks
The applicant applied to register two trade mark applications which were primarily made up of Chinese characters.The applications were based on proposed use in association with bakery type goods, among others.
The Oppositions
The opponent opposed the applications on the basis that the applied for marks were confusing with the two registered trade marks owned by it which were also primarily made up of Chinese characters. Click here to read more. |
Industrial Designs and Publication
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Non for Profit Entities and Trade-names
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A recent decision of the Federal Court clarifies that non-profit entities have rights arising from the use of their trade names.
The Application
Carbon Trust filed a trade mark application for the mark set out below
for use in association with certification of companies, persons, processes, products and systems with the purpose of monitoring and improving quality and measuring standards as to energy consumption, energy efficiency, carbon dioxide emissions, greenhouse gas emissions or other environmental standards.
The Opposition
Pacific Carbon Trust is a Crown Corporation in British Columbia that was set up as part of the province's Climate Action Plan. It opposed the application on a number of grounds, including the ground that the applicant was not entitled to register the mark because at the date of filing, the mark was confusing with the opponent's trade-names Pacific Carbon Trust and Pacific Carbon Trust Inc. which had been previously used by the opponent in Canada.
Click here to read more.
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