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

Alessia MonasteroFashion, 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 LampertNews, 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 LampertNews, 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 MurrayNews, 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. …

Trademarked Stork Upheld in Canadian Copyright Case

Erika Murraycopyright, News, trademarks

A recent trademark infringement case between Stork Market Inc v. 1736735 Ontario Inc. (Hello Pink Lawn Cards Inc), 2017 FC 779 has resulted in a win for the plaintiff and retribution in the amount of $30,000. The copyright and trademark case deals with competitors in the business of renting and …

Canada Launches Public Consultation On reform of Copyright Board

Erika Murraycopyright, News

  The Copyright Board system changes are intended to allow for creators to get paid properly and on time. New business opportunities in the current fast-moving economic environment should mean more money for creators and users. The Copyright Board of Canada is in charge of establishing royalties to be paid …

Identifying gaps in fostering tech commercialization

Erika MurrayExpert Insights, Intellectual Property, News, Patents

Incubators and accelerators are helping start-up companies across the country, but Toronto intellectual property lawyer Erika Murray suggests more can be done to support tech entrepreneurs in their quest to innovate and commercialize. “The company start-up process involves creativity and some kind of ingenuity,” she tells AdvocateDaily.com. “It starts with …