The Federal Court (per Southcott J.) allowed C-Tow’s application to have Sea Tow’s registered trademarks struck from the Trademarks Register (the “Register”), on the basis that C-Tow’s use of its marks predated Sea Tow’s adoption of the Sea Tow Marks, and that Sea Tow knew of the C-Tow Marks at the time of Sea Tow’s […]
C-Tow and Sea Tow go Toe-to-Toe Over Trademarks Read More »
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 »
The Federal Court (O’Reilly J.) dismissed an application for judicial review brought by Bayer Inc. (“Bayer”). The Court found that the Minister of Health (the “Minister”) was not unreasonable in not determining the Bayer patent’s eligibility for listing on the patent register the same day it was received for consideration. Bayer Inc. v. Amgen Canada
Court holds that Health Canada patent listing delay is reasonable Read More »
The Federal Court of Appeal (per Locke J.A. with Leblanc J.A. and Pamel J.A. concurring) (“FCA”) held that the Federal Court (per St.-Louis J.) did not err in finding that several claims of Nordik Blades’ (“Nordik”) three patents on snowplow blades were invalid for obviousness. Usinage Pro-24 Inc. v. Valley Blades Ltd., 2025 FCA 4
Nordik’s Appeal of Obviousness Finding for its Snow Plow Patents Gets Blown Over Read More »
In a decision by Southcott J., the Federal Court agreed with the Registrar of Trademarks (the “Registrar”) that Limbic Media Corporation (“Limbic”) did not establish continuous use of its registered trademark and ordered the registration expunged. There was no evidence confirming that Limbic’s trademark was sufficiently associated with its goods at the time the goods
In a decision by Fuhrer J., the Federal Court allowed an appeal against the Registrar’s decision to register a trademark owned by Carbone Restaurant Group Ltd. (“Carbone”), after the Trademarks Opposition Board (“TMOB”) had rejected an opposition by Blaze Pizza, LLC. (“Blaze”) Blaze Pizza, LLC v. Carbone Restaurant Group Ltd., 2024 FC 1770 Background
Blaze Fire’d Up Over Carbone’s Confusing Trademark Applications Read More »
Tsimberis J. of the Federal Court heard an application by Auberge & Spa Le Nordik Inc. and Nordik Immobiliers Winnipeg Inc. (“Nordik” or the “Applicants”) to have certain services expunged from trademark registrations held by Therme Development (CY) Ltd. (“TDL”). Auberge & Spa Le Nordik Inc. and Nordik Immobiliers Winnipeg Inc. v. Therme Development (CY)
Ontario Place Wellness Development in Warm Water Over Trademark Use Read More »
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
Causation and Other Factors to Consider in an Accounting of Profits Read More »
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
On June 18, 2024, the Federal Court (per McHaffie J.) held that a patent for a computer system used to collect and process agricultural data was invalid for anticipation and obviousness. Agi Suretrack, LLC v. Farmers Edge Inc., 2024 FC 934 Background Canadian Patent No 2,888,742 (the “742 Patent”) entitled “Farming Data Collection and Exchange
Patent for Agricultural Computer System Held Invalid for Anticipation and Obviousness Read More »
