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October 2024

Causation and Other Factors to Consider in an Accounting of Profits

IP Decisions /

Lafrenière J. of the Federal Court, acting as a Referee in a reference under Rule 153(1) of the Federal Courts Rules,SOR/98-106 (“Rules”), recently issued an interim report on the quantification of profits made by Travelway Group International Ltd. (“Travelway”) through the sale of travel accessories including luggage (the “Infringing Products”) that were passed off as […]

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The Federal Court overturns an expungement decision thanks to the admission and consideration of new evidence

IP Decisions /

In a decision by Pallotta J., the Federal Court allowed an appeal of the Registrar’s decision to expunge a trademark registration owned by The Little Brown Box Pizza, LLC (“Owner”), but amended it by deleting several services, as the Owner had not shown any use or special circumstances that excused their non-use. The Little Brown

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Litigating Trademark Disputes in Canada – What IP Practitioners Should Know

Trademarks /

The process of litigating trademark disputes in Canada bears many similarities to other common law jurisdictions, in particular the United States. However, there are some unique aspects of Canadian procedure that IP practitioners in other jurisdictions should know. This short article provides a brief overview of how trademark disputes are litigated in Canada. 1.                  Trademark

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FCA holds that Confidential Disclosure does not Anticipate. Foreign Company is Liable for Infringement by “Common Cause”

IP Decisions /

On September 27, 2024, the Federal Court of Appeal (“FCA”) affirmed that four patents owned by AngelCare Canada (“AngelCare”) are valid and were infringed by the manufacture and sale of diaper pail cassettes by Munchkin Baby Canada Inc. (“Munchkin Canada”) and its US parent, Munchkin, Inc. (“Munchkin USA”). The decision raises important issues relating to

FCA holds that Confidential Disclosure does not Anticipate. Foreign Company is Liable for Infringement by “Common Cause” Read More »