Canadian legislation differentiates between “official marks” and “trademarks.” The Trade-marks Act, RSC 1985, c T-13 [TMA] legislates both trademarks and official marks. Any entity which qualifies as a “public authority” may request that the Registrar of Trademarks give public notice of the adoption of a mark by that entity. The process of giving notice does not require an […]
Last year, TheCourt.ca tackled the increasingly heated battle between two luxury fashion houses, Christian Louboutin and Yves Saint Laurent (YSL). Christian Louboutin, the famous French shoe designer best known for his heels with the red sole, sued Yves Saint Laurent for trademark infringement, claiming more than $1 million in damages. The battle began when Yves […]
Trade-mark law exists to protect consumers from confusion. Unregistered trade-marks are protected at common law and exist as soon as the mark is used, while registered trade-marks are protected under the Canadian Trade-marks Act, RSC, 1985, c T-13 [Act] and give the brand owner a wider scope of exclusive rights than unregistered marks. Nevertheless, protection arises only […]
In The Wizard of Oz, Dorothy taps her ruby red slippers three times to go home. What if the ruby colour found themselves on a pair of five-inch wedged heels? If the Wicked Witch of the West could get her hands on that pair, would she then hold the power to transport herself to Kansas […]
As excitement builds for U.S retailer Target Corp.'s anticipated launch in Canada, one tiny hiccup awaits the company at the border: a trade-marks lawsuit. Isaac Benitah, who owns Canadian retailers such as Fairweather and International Clothiers, has filed a $250-million lawsuit in the Federal Court against Target Corp. and an injunction preventing the American company […]
Facebook, in another new and creative attempt to set itself apart from its competitors (Twitter and MySpace), now allows users to register their personalized web addresses. Since I have already pontificated in previous posts on the benefits of Facebook and the extent to which Facebook has integrated itself into the lives of not just consumers, […]
After a see-saw battle at the Federal Court and Federal Court of Appeal, this trade-mark battle between the two automotive manufacturers may be coming to the Supreme Court of Canada. BMW has filed for an application for leave to appeal. Facts BMW has, for decades, used the letter "M" in conjunction with various numbers to […]
Back on June 28, 2007, the Supreme Court of Canada ("SCC") denied leave to appeal in the case of United States Postal Service v Canada Post Corporation, 2005 FC 1630. Here’s a link to Clark Wilson LLP’s trademark law blog coverage of the implications of the decision - effectively that since the SCC has decided not […]
In light of The Court's recent encounter with trademark laws, this seems an apt time to review the Supreme Court of Canada's ("SCC") update on trademark laws in this country as found in two recent cases, Mattel, Inc v 3894207 Canada Inc, 2006 SCC 22 [Mattel], and Veuve Clicquot Ponsardin v Boutiques Cliquot Ltée, 2006 SCC 23 [Veuve Clicquot]. […]