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trade-marks act

Branding the TPP: Trademark Pros & Problems

An overview of what the Trans-Pacific Partnership Agreement would change in Canadian policy The Government of Canada is inviting Canadians to read and comment on the Trans-Pacific Partnership Agreement (TPP), along with the government’s Summary of the Agreement, which provides an overview of how the TPP would affect Canada. The summary suggests that the largest […]

Nice Classification of Trade-marks – Perhaps Not So Nice for Canadians

 As discussed in Allison McLean’s “Ch-ch-ch-ch-changes coming to the Trade-marks Act” June 5, 2014 post, significant changes to the Canadian Trade-marks Act were introduced in Bill C-31, the 2014 budget bill.  While the most controversial aspect of the trade-mark provisions of Bill C-31 is the removal of the need to claim or declare use in […]

Fundamental Change to Trade-mark Law Opposed by Business and Trade-mark Professionals

Bill C-31, the Economic Action Plan 2014 Act No. 1, which will legislate into law the federal government’s recent budget, includes amendments to a number of statutes.  Of particular interest are the amendments to the Trade-marks Act (“TMA”).  The changes would reverse what has been the fundamental basis of Canadian trade-mark law for over 150 […]

The Curious Case of the Woodpecker and the Injunction

In Woodpecker Hardwood Floors (2000) Inc v Wiston International Trade Co, Ltd (2013 BCCA 553), the BC Court of Appeal denied an appeal to overturn an interlocutory injunction which enjoined the use of a registered trade-mark in an action for passing off.  This case is surprising, both due to its strange relationship with judicial precedent […]

Scrabble Scrambles for Trade-mark Infringement Ruling

Popular online game developer Zynga was recently the subject of a trade-mark infringement claim over their game “Scramble With Friends.” In the England and Wales High Court case, J.W. Spear & Sons Ltd Mattel, Inc & Anor v Zynga, Mattel claimed that the Zynga game infringed their SCRABBLE and SCRAMBLE family of marks.