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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: Translations of foreign words can be suggestive of registered goods and services

  • August 16, 2022
  • Eric Li

This decision concerned an unopposed application by Mondo Foods Co Ltd (“Mondo Foods”) to enforce its family of MONDO trademarks against Les Industries TorréMonde Inc/TorreMondo Industries Inc (“TorréMonde”), which registered the TORREMONDO & Design trademark in March 2019 for use in association with the sale of coffee and related products.

Intellectual Property

Case summary: New material evidence filed on appeal insufficient for Federal Court to find confusion

  • August 16, 2022
  • Michal Kasprowicz

Align Technology Inc. (Align) appealed a decision of the Trademark Opposition Board (TMOB), dismissing its opposition to Osstemimplant Co., Ltd.’s (Osstemimplant) application for the mark MAGICALIGN, associated with orthodontic goods. The TMOB held that confusion was unlikely between Align’s family of ALIGN marks and MAGICALIGN. The Federal Court dismissed the appeal.

Intellectual Property

Federal Court examines its jurisdiction in copyright dispute

  • August 15, 2022
  • Homira Haqani

The Plaintiff, Planit Software Ltd. (“Planit Software”) brought a claim against the Defendant, Mr. Beaver Inc. (“Mr. Beaver”), alleging the Defendant reproduced copies of the Plaintiff’s software, AlphaCAM and NCSIMUL.

Intellectual Property

Designing around contempt

  • August 15, 2022
  • Peter W. Choe

The Plaintiffs brought a motion for contempt of the Court’s Judgment of the decision in Deeproot Green Infrastructure, LLC v. Grenblue UrbanNorth America Inc. 2021 FC 501, wherein the Defendant was found to have infringed the Plaintiffs’ asserted patents.

The difficult burden for CEO protective orders

  • August 15, 2022
  • Will Boyer

In this trademark dispute, Ledgemark sought a Protective Order containing a “counsel’s eyes only” designation. Ledgemark’s motion followed several negotiations between the parties as to how to treat confidential information exchanged between the parties, including the scope of a proposed Protective Order. The parties had agreed on the majority of the terms. However, Del Ridge did not agree to Ledgemark’s insistence on a CEO provision.

Intellectual Property