Article | 23 février 2026

Case summary: Federal Court Clarifies Requirements for Passing Off Claims Based on Unregistered Trademarks

(Disponible uniquement en anglais) The Plaintiffs brought a motion for an interlocutory injunction against the Defendant, and alleged that the Defendant is misappropriating its trademark rights. The parties both operate in the field of mental health and addiction services. The dispute concerned the parties’ use of the word GUARDIANS in association with mental health services oriented towards first responders, military personnel and veterans.

Article | 23 février 2026

Any oil isn’t the right oil: Trademark infringement, passing off and depreciation of goodwill attracts a permanent injunction, personal liability and damages

(Disponible uniquement en anglais) The plaintiff is the manufacturer/distributor of motor oil and related products under trademarks held by them. The defendant is a Canadian business and businessperson selling competing products and services in Canada and overseas that applied for trademark applications for a MobilPlus trademark with similarities to the trademarks owned by Exxon. The plaintiff sought default judgment against the plaintiff requesting a declaration, permanent injunction, damages and costs, and also alleged depreciation of goodwill and passing off.

Article | 23 février 2026

Appeal Relating to Construction, Double Patenting and Quantum of Costs Allowed

(Disponible uniquement en anglais) This case concerns an appeal from a decision of the Federal Court (“FC”) in a complex patent infringement dispute. The Federal Court of Appeal (“FCA”) allowed the appeal, finding that the FC made errors in interpreting claim construction, determining obviousness double patenting, and the quantum of its costs award.