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Patent Litigation in Canada and India: A Comparative Summary

Uncategorized /

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 […]

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De novo appeal of a trademark expungement dismissed on the basis that new evidence did not demonstrate “use”

IP Decisions, Trademarks /

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

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Blaze Fire’d Up Over Carbone’s Confusing Trademark Applications

IP Decisions, Trademarks /

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

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Ontario Place Wellness Development in Warm Water Over Trademark Use

IP Decisions /

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)

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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 »

Federal Court invalidates Four Patents for Overbreadth, Inutility, Anticipation and/or Obviousness

IP Decisions /

On September 13, 2024, the Federal Court (per Manson J.) held that four patents owned by ProSlide Technology Inc. (“ProSlide”) were invalid, and that three of those patents were not infringed by the manufacture of waterslide component parts in Canada by WhiteWater West Industries, Ltd. (“WhiteWater”).  The case turned largely on the facts but raised

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Patent For a Flexible Wall System Not Infringed and Certain Claims Invalid

IP Decisions /

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

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