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Intellectual
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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: Federal Court partially grants request for default judgment

  • May 13, 2021
  • Hung Nguyen

On August 4, 2020, in TFI Foods Ltd v Every Green International Inc., 2020 FC 808, the Federal Court (the “Court”) issued an order enjoining Every Green International Inc. (“Every Green”) from offering for sale, selling, and/or labelling products bearing the trademark I-MEI Design with labels identifying Every Green as the exclusive distributor of I-MEI Foods Co, Ltd. Every Green did not comply with this order and took no further steps in its defense of the action.

Intellectual Property

Case Summary: Federal Court of Appeal reviews motion for extension of time

  • May 12, 2021
  • Hung Nguyen

Spectrum opposed Schneider’s application to register WISER. The Registrar allowed, in part, Spectrum’s opposition. Under the Trademarks Act, Spectrum and Schneider each had two months from the date of the Registrar’s decision to file an appeal.

Intellectual Property

Case summary: Federal Court finds patent for method to delay onset of MS invalid for obviousness and upholds validity of second patent claiming a dose to alleviate MS symptoms

  • May 12, 2021
  • Kelly McClellan

In two patent infringement actions under subsection 6(1) of the PM (NOC) Regulations, [the Regulations], the Federal Court found the claims of the ‘437 Patent invalid for obviousness and dismissed the action for infringement against the ‘802 Patent, finding the patent valid, not obvious, and useful (29, 32).

Intellectual Property