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Trademarks

VANOC Ticket Broker Suit Raises Concerns about Reach of Official Marks

Ticket Scalping is getting a lot of attention in Canada lately. In Ontario, Premier Dalton McGuinty made headlines by threatening to introduce legislation to stem TicketMaster’s practice of diverting potential purchasers to its resell site TicketsNow. In Saskatchewan, the Ministry of Justice and the Attorney General recently released (Warning: PDF Link)a discussion paper concerning ‘Ticket […]

The Overprotection of Olympic Marks in Canada

Jamie Goodman is a first year law student at Osgoode Hall and is taking the Legal Values: Challenges in Intellectual Property course. The public domain in trademarks is composed of images, words, and phrases that cannot reasonably be granted exclusive protection because they are either generically descriptive, or because they are part of some shared […]

Official Marks: Ulterior Motive?

Reshika Dhir is a first year law student at Osgoode Hall and is taking the Legal Values: Challenges in Intellectual Property course. A Trademark is any logo, word, symbol, name, phrase, image or a combination of these elements that makes an individual and company wares and/or services distinctive. On one hand, the producers/providers of wares […]

‘Painters Eleven’ – A Possible Win Provides Some Security For The Public

Last week the Globe & Mail put out an article on a recent trademark registration that raised the ire of many in the art market. It seems like this issue has now been resolved as the Trademark holders have recently stated that they are willing to expunge the mark and consequently, submit to the storm […]

Trade-mark opposition loss for owners of GLAMOUR magazine

Sanjukta Tole is an Osgoode Hall alumnus and practiced with the IP Group of a large Vancouver law firm. Farleyco Marketing Inc. (“Farleyco”) filed a trade-mark application for the trade-mark GHOULISH GLAMOUR for use in association with “Halloween cosmetics and eyelash accessories” on December 16, 2003. Farleyco then commenced selling their products in September 2004. […]

Dare I use the term “netbook”?

Have you seen that new Sony Netbook? The one small enough to fit in your purse? The term netbook is typically used to describe ultra-portable network-enabled laptop computers that are used primarily for low intensity wireless activities like emailing and surfing the web. The typical size of a netbook screen ranges from seven inches to […]

Web Linking Trademark Dispute Settled

A settlement has been reached in the U.S. trademark/web linking dispute between law firm Jones Day and real estate information site BlockShopper.com. Jones Day had sought to prevent BlockShopper from linking to Jones Day’s site because they claimed BlockShopper improperly used Jones Day’s marks and gave the impression that Jones Day somehow approved or was […]

New Top Level Domains (TLDs) Create Tension For Trademark Owners

Internet users are familiar with the current top level domain structure of the World Wide Web. .com, .edu, and .org, amongst others, are all part of the common vocabulary used to navigate the wealth of information available online. Recently, the Internet Corporation for Assigned Names and Numbers (ICANN) approved a plan to add more top […]

Single Malt Whisky

Glenora Distillers has won a trademark dispute before the FCA over the name of their Canadian single malt whisky, Glen Breton. The Scotch Whisky Association argued that the prefix “glen” has become recognized in Canada as designating a single malt whiskey distilled in Scotland and so s.10 of the Trade-marks Act should operate to prevent […]

The Grey-Market: Are the Benefits Worth the Costs?

Grey market goods are legally-produced goods obtained in a foreign country which are imported into a domestic market via an unauthorized distribution channel.  These parallel-import goods are typically obtained in a country where the cost of such goods are low enough so that the importer can sell them at a price lower than the domestic […]