Moffat & Co.
Macera & Jarzyna LLP

Barry E. Hutsel

Jon Marchand

Amy Thomas

Adele J. Finlayson

Eduardo Fonseca

John Kevin Carton

Joseph L. Ulvr

Janice G. Kelland

Andrew K. Jarzyna

Aleksandra (Sasha) Gracia

Gary Arkin

James R. Palmer

Jerome P. Bastien

Jaimie M. Bordman

Susan Beaubien

Patrick Laycock

Howard P. Knopf

Sandra M. Ward

Scott Tremblay

March 20, 2018 | Recent Developments

Howard Knopf’s recent paper titled “Canada’s Role in the Relationship of Trade and Intellectual Property” has been published as Paper #17 in the series “Canada in International Law at 150 and Beyond” by the Centre for International Governance Innovation (“CIGIO”).  You can view the paper here.

March 15, 2018 | Recent Developments

Diagnostic methods cause controversy at CIPO – Read Jerome Bastien’s blog post on the recently published policy of the Canadian Intellectual Property Office (CIPO) on patent applications for medical diagnostic methods, which has been the subject of criticism.  The English translation is available at this LINK.

March 15, 2018 | Recent Developments

Legally Speaking with Jerome Bastien – On March 1, 2018, Jerome Bastien appeared on the podcast “Legally Speaking with Lawyer Kristen O’Keef”.  Jerome discusses the importance of securing patents and trademarks to protect valuable intellectual property rights.  The podcast can be accessed at this LINK.

March 2, 2018 | Recent Developments

Susan Beaubien has been appointed by the Government of Canada to the roster of qualified individuals to determine disputes arising under Chapter 19 of the North America Free Trade Act (NAFTA) . Members of the roster may be appointed to serve on dispute settlement panels established under Chapter 19 of NAFTA. The appointment is effected by […]

February 3, 2018 | Recent Developments

Riches, McKenzie & Herbert LLP v. Cosmetic Warriors Limited, 2018 FC 63 (Justice Manson) Cosmetic Warriors Limited (“Cosmetic”) owes a trademark registration (TMA649810) for the word LUSH, for use in association with “Clothing, namely, t-shirts”.   On September 10, 2014, at the request of Riches, McKenzie & Herbert LLP, the Registrar of Trade-marks issued a Notice […]

December 14, 2017 | Recent Developments

Teva Canada Limited v Pfizer Canada Inc., 2017 FC 957 (Zinn J).   Teva and Pfizer have been in litigation regarding Pfizer’s 1998 patent on its Viagra (sildenafil citrate) pharmaceutical since 2007. In 2012, the Supreme Court of Canada held that the patent was invalid for inadequate disclosure. Now, Teva seeks compensation for damages it […]

September 28, 2017 | Recent Developments

In a light hearted, but forceful attempt to strengthen its brand and avoid the “generic” label, the Belgium company that owns the VELCRO trademark, Velcro BVBA, has produced a video that seeks to educate the public on how to use – and not to use – the trademarks of well-known products, including its own. The […]

July 29, 2017 | Recent Developments

Access Copyright v. York U – And All Eyes Over to York U for What’s Next The Good News and the Bad News The only good news for the Canadian educational community about the recent Federal Court decision in Access Copyright v. York University is that the judgment is, with respect, so clearly and consistently […]

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 […]