Moffat & Co.
Macera & Jarzyna LLP

Adele J. Finlayson

Aleksandra (Sasha) Gracia

Andrew K. Jarzyna

Barry E. Hutsel

Eduardo Fonseca

Gary Arkin

HOWARD P. KNOPF

Jaimie M. Bordman

James R. Palmer

Janice G. Kelland

Jerome P. Bastien

John Kevin Carton

Jon Marchand

Joseph L. Ulvr

Patrick Laycock

Sandra M. Ward

Susan Beaubien

July 6, 2017 | Recent Developments

In a summary trial, Dairy Queen Canada, Inc. (“DQ”) sought relief including damages for passing off, an injunction restraining M.Y. Sundae Inc. and two individual defendants (“Sundae”) from further operation of its franchise and use of the Dairy Queen name and marks, and a declaration that the Franchise Agreement (“FA”) was terminated. Sundae brought a […]

July 4, 2017 | Recent Developments

The Supreme Court of Canada has ruled on the degree of utility required of patented inventions. The decision does away with the controversial “promise doctrine” that had evolved in Canadian jurisprudence, and brings Canadian patent law back in line with other jurisdictions on the issue of utility. Canada’s Patent Act, along with the patent law […]

June 21, 2017 | Recent Developments

Diageo, a subsidiary of Diageo plc, one of the world’s largest producers of spirits, brought an action against Heaven Hill, alleging infringement of Diageo’s trademarks associated with its CAPTAIN MORGAN rum products, and passing off of Heaven Hill’s ADMIRAL NELSON’S rum products as those of Diageo. Heaven Hill, a company located in Bardstown, Kentucky, counterclaimed […]

June 16, 2017 | Recent Developments

The trademark applicant, Domaines Pinnacle Inc., was a producer of apple-based alcoholic and non-alcoholic beverages and foods. The trademark opponent was a subsidiary of Constellation Brands Inc, which produced and distributed wines. The applicant applied for DOMMAINES PINNACLE & Design (depicted below). The opponent opposed the mark based on confusion with its word mark, PINNACLES. […]

June 16, 2017 | Recent Developments

The British Columbia Court of Appeal has recently affirmed a lower court finding that bidding on Google Adwords consisting of the names or trademarks of others does not, by itself, constitute passing off. However, incorporating such names or marks into a domain name can result in liability, even if the website located at the domain […]

June 16, 2017 | Recent Developments

In the context of a patent impeachment action, the Defendants, Shire LLC and Shire Pharma Canada ULC (“Shire”), brought a motion to strike portions of the Reply of the Plaintiff, Apotex Inc. Shire first sought to strike an allegation that was found by the Court to be solely a statement of legal conclusions to be […]