Revisions to the Trademarks Act: Official Marks in Canada

Alessia Monastero News, trademarks

The Trademarks Act, R.S.C., 1985, c. T-13, has recently been amended (not yet in force) to create a simple and efficient mechanism to allow the Registrar to give public notice that subparagraph 9(1)(n)(iii) of the Trademarks Act relating to “official marks” does not apply if the entity that made the …

Battle of the Stripes: Adidas versus Thom Browne (Part 1)

Alessia Monastero Fashion, News, trademarks

On December 14, 2020, Adidas filed an opposition with the United States Patent and Trademarks Trial and Appeal Board against Thom Browne’s US trademark applications for a red, white, and blue parallel stripe for use on footwear. Adidas has opposed the applications, which have been filed on an intent-to-use basis, on the grounds of likelihood of confusion and dilution by blurring.

Greater Clarity for Subject-Matter Eligibility in Canadian Patents: The Benjamin Moore Case

Marc Lampert News, Patent, Patents

By Marc Lampert The Federal Court, in Benjamin Moore & Co. v. Attorney General of Canada, 2022 FC 923, has recently issued a decision that may help address a controversial practice by the Canadian Intellectual Property Office (CIPO); and in doing so, will add much needed certainty for patent Applicants. …

Upcoming Changes to Canadian Patent Rules: How to Plan Ahead

Marc Lampert News, Patent, Patents

By Marc Lampert and Ammar Kalanaki Recent amendments to the Patent Rules will come into force on October 3, 2022 and introduce (1) excess claim fees, and (2) a request for continued examination (RCE) practice; among several other amendments.   The new Rules will apply to any application for which a request …

UGGS Boots

When Culture And Copyright Clash In An UGGly Lawsuit

Erika Murray News, trademarks

The “Ugg” phenomena took North America by storm when Oprah Winfrey first endorsed the Ugg boots  – furry, cozy, shaggy, and ‘ugly’ footwear.  While these unique looking booties were heckled for some time, the footwear eventually became not only mainstream, but also coveted by celebrities and the general public alike. …