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Intellectual
Property

CBA Intellectual Property Section

Articles are published by the Intellectual Property Section. Members interested in posting articles are encouraged to send them to the Section by email: CBAI_P@cba.org.

Today
Today

Case summary: Determining distinctiveness of marks

  • May 06, 2024
  • Aarzoo Mahajan

This is an appeal under section 56 of the Trademarks Act (the “Act”) by the Applicant, THI Canada Inc., of a decision of the Trademarks Opposition Board (“TMOB”), refusing THI’s opposition to the registration of a Trademark Application owned by the Respondent, King Rack Industrial Co., Ltd.

Intellectual Property

Case summary: The “Special Circumstances” exception for non-use of trademarks

  • May 06, 2024
  • Aarzoo Mahajan

This appeal is with respect to the AVIREX Mark owned by Centric. The Mark was expunged on August 26, 2022, in a decision by the Registrar, after issuing its Notice under section 45 of the Trademark Act. Centric appealed the decision with new evidence, including two affidavits, claiming special circumstances to excuse the absence of the use of the Mark.

Intellectual Property

Case summary: Award of costs against counsel personally denied

  • May 06, 2024
  • Shaun Cody

The underlying action was a patent infringement claim, which was struck by the Court on its own motion. The Court detailed various procedural Orders setting timelines which were repeatedly disregarded, leading to the Court issuing the Order proprio motu dismissing the action.

Intellectual Property

Echo cancellation and noise suppression are not the same

  • May 06, 2024
  • Peter W. Choe

Google appeals the decisions of Justice Zinn, which found that Sonos did not infringe claim 7 of Google’s Patent No. 2,545,150, and the subsequent decision for Google to pay Sono’s costs.

Intellectual Property

Sufficiency Amendments insufficient

  • May 06, 2024
  • Peter W. Choe

The Defendant, Whitewater, appeals a decision of Associate Justice Crinson, which denied its request to amend its Statement of Defence to add allegations of invalidity due to insufficient disclosure.

Intellectual Property

Unopposed motions for default judgement are not automatically granted

  • May 06, 2024
  • Victoria Di Felice

McDowell brought an ex parte motion in writing to the Federal Court, seeking an order for default judgment against the defendant, “A Drip of Honey.” McDowell alleged that A Drip of Honey used trademarks that closely resembled her marks, amounting to trademark infringement, passing off, and depreciation of goodwill.

Intellectual Property