Co-authored by Dino Clarizio On January 31, 2025, the Federal Court (per Gascon J.) dismissed a motion for summary judgment in a copyright infringement action involving a “Rosie the Riveter” design because the moving party failed to prove that there was no “genuine issue” for trial. The Court found that, on the facts and law, […]
Summary Judgment Denied in a Riveting Rosie Copyright Battle Read More »
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 »
Co-written with Emily Papsin The Federal Court (per Zinn J.) set aside a decision by the Commissioner of Patents (“Commissioner”) refusing to reinstate Matco Tools Corporation’s (“Matco”) patent application which had been deemed abandoned for failure to pay maintenance fees. The Court found that the Commissioner did not conduct the requisite two-stage inquiry to assess
On January 3, 2025, the Federal Court (per McVeigh J) dismissed an application alleging passing off of the unregistered trademark “Indican Pictures” because the Applicant did not establish use of its mark prior to the Respondent beginning to use its allegedly confusing marks. 2K4 Inc. (Indican Pictures) v. Indiecan Entertainment Inc., 2025 FC 20 Background
From Reel to Real: The Importance of Prior Use Evidence in Passing Off Cases Read More »
Canada and India have a very significant trading relationship. A large number of Indian companies operate in Canada, particularly in the information technology, software, steel, natural resources and banking sectors.[1] Similarly, India’s economy offers tremendous opportunities for Canadian companies in emerging sectors such as transportation, infrastructure, life sciences, clean energy technology (e.g. integration of renewable
Patent Litigation in Canada and India: A Comparative Summary Read More »
The Federal Court ruled that Chanel did not infringe Molo Design’s patent on a Flexible Wall System, and that claims 1 and 2 are invalid as being anticipated or obvious in light of the prior art. Molo Design, Ltd. v. Chanel Canada ULC et al, 2024 FC 1260 Background In early 2021, Chanel used window
Patent For a Flexible Wall System Not Infringed and Certain Claims Invalid Read More »
