Markwell Clarizio LLP

February 2025

Importance of Brand Strength: The Arc of Confusion in Physio Health Trademark

On February 14, 2025, the Federal Court (per Fuhrer J.) found that Joanna Habbous, owner of the registered trademark PHYSIOHEALTH STUDIOS, had established infringement, passing off, and depreciation of goodwill against Arc Physio Health Ltd. The application was, however, dismissed against the named personal Respondents. Habbous v. Arc Physio Health Ltd., 2025 FC 297 Background Ms. […]

Importance of Brand Strength: The Arc of Confusion in Physio Health Trademark Read More »

Six-Year Limitation Period Applies to Patent Infringement Claims Filed in Alberta Court

The Alberta Court of Appeal (the “Court of Appeal”) held that the six-year limitation period in the Patent Act applies to infringement actions filed in the Alberta court, not the two-year period prescribed by provincial law. The plaintiff’s claim was not statute-barred and was remitted to the trial court for continued litigation. JL Energy Transportation

Six-Year Limitation Period Applies to Patent Infringement Claims Filed in Alberta Court Read More »