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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: Burden of proof saves HORLICKS registrations

  • July 31, 2020
  • Peter W. Choe

Bedessee Imports Ltd. seeks an order expunging the trademarks HORLICK’S and HORLICKS. The application was dismissed by the Federal Court, and the Federal Court of Appeal affirmed the decision.

Intellectual Property

Case summary: Dosing regime directly infringed and not obvious

  • July 31, 2020
  • Peter W. Choe

Janssen initiated a patent infringement action pursuant to ss 6(1) of the PMNOC Regulations, relating to Canadian Patent No. 2,655,335, and Janssen’s INVEGA SUSTENNA® (paliperidone palmitate). Teva filed an ANDS with Health Canada seeking approval to sell its own paliperidone palmitate product in Canada. On Jan. 9, 2018, Teva served Janssen with a Notice of Allegation pursuant to the Regulations, and Janssen commenced this action.

Intellectual Property

Case summary: Federal Court dismisses application to expunge trademark

  • July 31, 2020
  • William S. Foster

Beyond Restaurant Group LLC brought an application to expunge the POKEWORKS trademark (Canadian trademark registration No. TMA985822) registered in the name of the respondent. The applicant alleged that the impugned mark had not been used by the respondent, was not distinctive of the respondent’s services, and that the respondent had filed a false Declaration of Use in an attempt to “squat” on the applicant’s trademark rights.

Intellectual Property

Case summary: Federal Court allows hearing to proceed by video conference

  • July 27, 2020
  • Jasmine Dong

The Respondent Minister of Health refused Natco’s Abbreviated New Drug Submission for a Notice of Compliance for its generic drug comparing to a drug marketed by the Respondent Gilead. After the hearing for Natco’s application for judicial review was adjourned due to COVID-19, Natco requested that the hearing proceed by video conference.

Intellectual Property

Case Summary: Court found HERBS R US to likely depreciate the goodwill of TOYS R US

  • July 27, 2020
  • Hung Nguyen

Toys “R” Us (Canada) Ltd. brought an application in the Federal Court of Canada to enforce its TOYS R US registered marks against a cannabis dispensary, Herbs “R” Us Wellness Society. Toys claimed that Herbs’ use of its HERBS R US design mark constituted trademark infringement, passing off, and depreciation of goodwill, contrary to the Trademarks Act.

Intellectual Property

Case summary: Federal Court grants lump sum costs award

  • July 27, 2020
  • David Chapman

This decision concerned the costs of a patent infringement action brought by Seedlings Life Science Ventures LLC against Pfizer Canada ULC, in which Pfizer was successful on all issues.

Intellectual Property