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Depreciation of Goodwill: Another Cause of Action for Registered Marks
Even where there is no likelihood of confusion, a registered trademark can be protected from "depreciation" per section 22 of the Trademarks Act. This additional protection can be valuable where others try to trade on the goodwill in an established brand to promote a business in a different market.
13 Nov, 2020
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Trademarks: New Not Distinctive Objection
Since legislative amendments came into force June 17, 2019, trademark examiners may object to an applied-for-mark on the ground that the mark is “not distinctiveâ€. This is a controversial objection which, if raised, can increase the cost of a typical trademark application and the risk of rejecti
7 Nov, 2020
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Domain Names: Strategies to 'Recover' this Business Asset
Domain name disputes are common because many business owners do not understand the technology or appreciate the significance of their administrative choices. Two recent decisions in different forums show that, when disputes arise, there are strategic options to recover control over domain names.
23 Jun, 2020
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York v. Access Copyright: Tariffs & Fair Dealing Revisited on Appeal
In April, the appeal decision was released in an ongoing copyright dispute between York University and Access Copyright. The appeal resulted in divided success and, subject to any further appeal to the Supreme Court, may be a pyrrhic victory for both parties.
23 Jun, 2020
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Cease & Desist Letters: A Risky Business
When sending a “cease and desist†letter, the goals may be straightforward but the risks are not always clear. This article will review the risks that can arise for both clients and their legal counsel when sending demand letters alleging the infringement of intellectual property rights.
5 Nov, 2019
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CAUTION: Unexpected Gov't Fees in Trademark Applications & Renewals
As of June 17, 2019, trademark application and renewal fees will become dependent upon the number of Nice Classes that apply to the goods and services in the application/registration. For the unwary, the statutory date for calculating the applicable fees creates the potential for unexpected fees.
24 May, 2019
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