Intellectual Property/Trademark Law

  • Canada’s impending trademark law changes to affect how IP lawyers protect fate of clients’ brands

    Canada’s impending trademark law changes to affect how IP lawyers protect fate of clients’ brands

    Apr 2, 2019

    Canada’s trademark laws will be revised on June 17, which means the country will be shifting to a first-to-file requirement for trademark registration from a first-to-use system.

  • Best practices to manage AI risk with IP

    Best practices to manage AI risk with IP

    Mar 25, 2019

    Companies implementing artificial intelligence technology often face unique intellectual property issues.

  • Leafs in dispute with Snoop Dogg over cannabis trademark

    Leafs in dispute with Snoop Dogg over cannabis trademark

    Feb 6, 2019

    Snoop Dogg’s logo could be counter to Cannabis Act marketing rules, says David Lipkus partner at Kestenberg Siegal Lipkus LLP and trademark agent.

  • In-house lawyers look to tidy up IP, employment issues

    In-house lawyers look to tidy up IP, employment issues

    Feb 4, 2019

    The new year is always a good time to take stock and do some tidying up. In speaking to some in-house counsel it seems they all might benefit from the legal department equivalent of applying Japanese consultant Marie Kondo’s philosophy around decluttering when it comes to IP issues and labour and employment law challenges — take inventory and find order around the various patents and trademarks and employment law legislative challenges that linger in the corners.

  • Canada’s changing IP landscape

    Canada’s changing IP landscape

    Feb 4, 2019

    As part of its national Intellectual Property Strategy announcement in 2018, the Canadian government plans on investing $85.3 million over the next five years to help develop, protect and provide access to IP.

  • Trademark's reputation must be based on Canadian not foreign use, says FCA

    Trademark's reputation must be based on Canadian not foreign use, says FCA

    Jan 24, 2019

    The publisher of a daily newspaper in India lost his appeal to the Federal Court of Appeal last week when that court found that the appellant’s word mark lacked distinctiveness.

  • Toronto DJ wins trademark registration despite association with Drake

    Toronto DJ wins trademark registration despite association with Drake

    Jan 18, 2019

    A Toronto disc jockey will be allowed to register a trademark for the term “6IX” in association with DJ-related services in Canada, despite an opponent’s evidence that the term was popularized by musical artist Drake.

  • Intellectual property law in the cannabis sector

    Intellectual property law in the cannabis sector

    Nov 2, 2018

    With recreational cannabis now legal in Canada, how has intellectual property law evolved and relate to the cannabis sector? Christie Bates, associate at McMillan LLP in Toronto, shares her expertise.

  • Trademark update

    Trademark update

    Sep 17, 2018

    Set to come into effect next year, the legislative changes to the Trade-marks Act will bring Canada in line with international treaties and make trademark applications faster.

  • IP strategy is a start but misses the mark on trademarks

    Aug 7, 2018

    Back in April, the federal government committed $85.3 million over five years “to help Canadian businesses, creators, entrepreneurs and innovators understand, protect and access intellectual property through a comprehensive IP Strategy.”

  • NAFTA: The times they are a-changin’

    Jan 22, 2018

    How does this impact the overall legal profession? Clients require legal assistance during booming and desperate economic times. Their needs become more acute during a time of economic flux. Law firms could position themselves for handling the disruption of goods and supply chains should NAFTA be amended or — worst case — terminated. The times they are a-changin’.

  • Protecting trade secrets

    Protecting trade secrets

    May 29, 2017

    IP lawyers say Canada lacks proper legal protections for trade secrets, so vigilance is key. When Facebook was recently ordered to pay a half-billion dollars to ZeniMax Media over a trade secrets violation, the case highlighted the risks inherent in acquiring companies with trade secrets in sectors such as technology and manufacturing. And with the ascendancy of digital technology and the increased mobility of employees, it is easier than ever for trade secrets to be taken and used for the development of competing products.

  • Buyer beware

    Buyer beware

    Feb 27, 2017

    Those seeking to acquire the intellectual property rights of a bankrupt company are often faced with a unique set of legal challenges, as exemplified by Thomson Reuters’ recent acquisition of certain intellectual property rights owned by Federated Press.

  • The EU trade agreement

    The EU trade agreement

    Feb 6, 2017

    IP practitioners are hoping the newly signed Comprehensive Economic and Trade Agreement will bring a net gain. When Canada and the European Union finally signed the Canada- European Union Comprehensive Economic and Trade Agreement on Oct. 30, it marked what many hoped would be a move toward reducing tariffs and other barriers to trade in an increasingly global economy.

  • Software patent eligibility in Canada: IP year in review

    Software patent eligibility in Canada: IP year in review

    Dec 29, 2016

    Two recent Patent Appeal Board decisions issued on behalf of the commissioner of patents in 2016 reflect the challenges in obtaining some types of software patents in Canada, especially claims to business methods and the like.

  • Fintech

    Fintech

    Nov 14, 2016
  • The pros & cons of practising . . .

    The pros & cons of practising . . .

    Aug 24, 2015

    . . . in St. John's, Nfld, in Winnipeg, e-discovery, IP law