Intellectual Property
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June 24, 2024
How to use state of the register evidence
A decision of the Federal Court illustrates the impact of the state of register use in opposition proceedings (Mécanique de performance Panthera Motorsports Inc. c. Jaguar Land Rover Limited 2024 CF 764.)
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June 21, 2024
Public school boards are bound by Charter; tribunals’ Charter rulings reviewed for correctness: SCC
In an important Charter and standard of review case, the Supreme Court of Canada has ruled that labour arbitrators and other administrative tribunals “should play a primary role” in deciding Charter issues within their bailiwicks — which Charter determinations courts should review on a “correctness” rather than “reasonableness” standard — and that the Charter applies to Ontario public school boards, thereby protecting board employees’ reasonable expectations of privacy in their workplaces and shielding employees from unreasonable search or seizure by their employers.
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June 20, 2024
Ottawa lists Iran’s Islamic Revolutionary Guard Corps as a terrorist entity in Criminal Code
The Government of Canada listed the Islamic Revolutionary Guard Corps (IRGC) of Iran as a terrorist entity under the Criminal Code, effective June 19, 2024.
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June 20, 2024
How not to set up a startup
Wanakome Inc. is a Canadian corporation, and Kemel Hadad was the controlling shareholder. Wanakome applied in Canda for the trademark WANAKOME. The application was eventually opposed by the defendants (Wanakome Inc. v. Martin, 2024 FC 688).
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June 19, 2024
Federal Court upholds beer giant AB InBev's trademark registration for Patagonia beer
The Federal Court has upheld a decision allowing multinational beer giant Anheuser-Busch InBev SA (AB InBev) to maintain the registration for its Patagonia beer trademark, dismissing arguments by outdoor gear company Patagonia Inc. that the owner had failed to demonstrate use of the mark.
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June 19, 2024
Attorney-client privilege in global disputes: Safeguarding secrets in cross-border litigation
Like their colleagues in the United States and Europe, in-house counsel in Canada often rely on attorney-client privilege to guide their company and protect communications with senior leaders in high-stakes litigation.
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June 18, 2024
New associate joins Miller Thomson Vancouver
A recent news release announced the addition of associate Larissa Leong to Miller Thomson LLP. Based in Vancouver, Leong is a member of the firm’s technology, intellectual property and privacy group.
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June 17, 2024
From clicks to courtroom: Leveraging web data in disputes, part two
As part of the ongoing article series, we are exploring how the increasing availability of web data can impact litigation and considerations of lawyers when seeking and analyzing information to better support their cases. Our focus for this article is on TikTok data.
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June 17, 2024
Sparks flying as Dermaspark successfully pursues personal liability in infringement cases
In recent weeks, a new wave of litigation has been quietly launched in the Federal Court by Dermaspark Products Inc., the exclusive Canadian distributor of medical aesthetic devices manufactured by Pollogen Ltd., bearing the OxyGeneo trademarks, which appear to have experienced a surge in counterfeiting activity in recent years. Three of the four new claims for trademark infringement were initiated on a single day on May 29 (with a fourth filed on June 11), all seeking personal liability in trademark infringement cases.
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June 17, 2024
Canadian counsel involvement in arbitration cases increasing, says first-of-its-kind report
On Canada’s commercial arbitration landscape, most professionals working in the field are lawyers and nearly half of them also run a litigation practice, according to the recently released results of the first survey of Canadian arbitration practitioners.