Publications
-
Read more
Nice Classification: A first step in Canada’s upcoming trademark reform
It is now possible to adopt the Nice classification for trademark applications in Canada. This new measure, which is currently voluntary but will become mandatory once the new provisions of the Trade-Marks Act come into force, allows a trademark owner to classify goods and services among the 45 (…)
-
Read more
Federal Court of Canada examines metatags under copyright and trademark law
In the decision Red Label Vacations Inc. (redtag.ca) v. 411 Travel Buys Limited (411 travelbuys.ca) 1, the Federal Court examined whether metatags attract copyright protection and whether use of a competitor’s trademark or trade name in metatags constitutes a violation of trademark rights in Canada. (…)
-
Read more
The Charter of the French Language reviewed by the Court of Québec
The Court of Québec has recently examined the application of the Charter of the French Language (the “Charter”) in the case of Boulangerie Maxie’s 1. This decision provides clarification as to what constitutes a “markedly predominant” use of the French language in advertising and public signs. The (…)
-
Read more
Canada strengthens the protection of copyright and trademark rights with the enactment of new border enforcement measures
Since January 1st 2015, the sections of the Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts (“the Act”) with respect to the new border enforcement measures have come into force in Canada. The purpose of the Act is to help Canadian copyright (…)
-
Read more
Future changes to Canada’s Trade-Marks Act
Significant modifications to the Canadian trade-mark system are expected in the near future. According to the Canadian Intellectual Property Office (“CIPO”), the amendments should come into force at the end of 2015 or early 2016. Said changes arise from the negotiation of a free trade agreement (…)
-
Read more
The Oasis case: When juice turns to vinegar – The impact of social media on justice
Two Lassonde companies (hereinafter Lassonde), holders of the OASIS trade-mark used mainly to identify fruit juices, instituted legal proceedings against Oasis d’Olivia Inc., requesting that the Quebec Superior Court order it to stop using the OLIVIA’S OASIS trade-mark for soap, and to pay exemplary (…)