In a decision by Pentney J., the Federal Court dismissed an appeal by Patagonia, Inc. (“Patagonia” or the “Applicant”) of a decision of the Registrar of Trademarks (the “Registrar”) to maintain the registration for the trademark, PATAGONIA, when used in association with “Beer”. The result of this decision is that the mark, Patagonia, can be […]
Labatt’s Brew-haha with Patagonia Read More »
On June 27, 2024, the Supreme Court of Canada dismissed the applications for leave to appeal in Apotex Inc. v. Janssen Inc. et al., 2024 FCA 9 and Pharmascience Inc. v. Janssen Inc. et al., 2024 FCA 10, both Federal Court of Appeal decisions pertaining to inducing infringement of a patented dosing regimen. We published
On May 31, 2024, the Federal Court (Tsimberis J.) granted an application to correct the inventorship of an issued patent. The decision provides a clear explanation of the relevant legal principles (Patent Act, s. 52) and the type of evidence that must be led to obtain relief. Smith Sport Optics, Inc. v. Canada (Commissioner of
Federal Court Grants an Application to Add Inventors and an Owner to an Issued Patent Read More »
This was a motion for summary trial in a passing off and expungement case between competitors in the mobile video game market. The Court (per Fuhrer J.) held that summary trial was an appropriate vehicle for deciding the Plaintiff’s claims for passing off and expungement of the Defendant’s registration – and that those claims were
Court Dismisses Passing Off and Expungement Action After Summary Trial Read More »
On May 31, 2024, the Federal Court (Roy J) released its decision on the summary judgment motion brought by the Attorney General of Canada (“AGC”) on behalf of Parks Canada, in which he dismissed Blacklock’s Reporter’s (“BR”) copyright infringement action against the AGC. This matter is one of several related and contextually similar actions brought
On May 29, 2024, the Federal Court (Whyte Nowak J.) granted Red Maple Manufacturing Inc.’s (the “Applicant”) appeal pursuant to subsection 56(1) of the Trademarks Act. The Applicant appealed a decision from the Trademarks Opposition Board (“the Board”) ordering the removal of certain goods from the Applicant’s Trademark Registration. Red Maple Manufacturing Inc. v. Red
Red Maple Manufacturing Inc. v. Red Maple Bio Inc. 2024 FC 817 Read More »
