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A recent decision of the Federal Court allowed the plaintiff claims for copyright infringement and passing off arising out of a dispute...

The Federal Court of Appeal has confirmed that it is not appropriate to set aside decisions made by Hearing Officers of the Trademarks...

The ability of a trademark owner to enforce its trademark rights on the Internet frequently depends on establishing jurisdiction. The...

A recent decision of the Quebec Court of Appeal illustrates the rather unexpected ways that the Trademarks Act can apply to comparative...

A recent decision of the General Court of the European Union raises interesting questions concerning sound marks and their...

A recent U.K. decision illustrates that the determination of whether two competing trademarks are confusing involves considerable...

A recent decision of the Federal Court raises interesting issues concerning the evidence required to succeed in a trademark opposition....

The concept of linking is fundamental to the Internet. Linking occurs when an image or reference on a website is selected, causing that...

A decision of the Federal Court deals with who is entitled to use and register a trademark/tradename. Norsteel Building Systems Ltd. v....

A decision of the U.K. High Court of Justice illustrates the long reach of the U.K. courts in a trademark context. Easy Group Limited v....

There have been numerous recent decisions in the U.K. and the E.U., relating to bad faith by an applicant for a trademark. In addition,...

A recent decision of the Federal Court has concluded that an online survey was not admissible in determining whether the parties’...

A metatag is a computer code included on a website that is invisible to an individual but which enables a search engine or a web browser...

A recent lawsuit filed against TikTok in the United States raises interesting issues concerning the rights of individuals providing...

The common law cause of action for passing off has a lengthy history. The claim has evolved to take into account changing commercial...

A recent decision of the English High Court provides additional insight into the meaning of “bad faith" in a trademark context and the...

A decision of the Federal Court illustrates important lessons concerning choosing a mark and trademark infringement.

Once it is decided that it is necessary to take steps, there are numerous possible courses of action. However, care needs to be taken...

A recent decision of the Federal Court dealt with entitlement to the trademark SMART CLOUD and its lack of inherent distinctiveness....

The decision of the English High Court of Justice raises some interesting issues concerning the ownership of copyright works created by...