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. …
Claiming use goes as a trademark filing basis in Canada
In the Federal Court decision of Metro Brands S.E.N.C. v. 1161396 Ontario Inc. 2017 FC 806, at issue was whether showing use in association with a trademark is only required for the general classes of goods or whether there needs to be use of each of the specific claimed goods …
Trademarked Stork Upheld in Canadian Copyright Case
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 …
Captain Morgan Remains Commander of His Ship
Captain Morgan rum sales to spice up following the company’s successful defense of its design trademarks and distinguishing guise against Admiral Nelson’s spiced rum, barring sales of any bottled products with the patent-infringing Admiral Nelson character. (See: Diageo Canada Inc. v. Heaven Hill Distilleries, Inc.) The trademark infringement decision dated …
The Unicorn of Trademark Infringement Cases
A Local Brooklyn cafe The End (with co-plaintiff Montauk Juice Factory Inc.) recently filed a trademark infringement lawsuit against corporate behemoth Starbucks, claiming that one of their most popular drinks – the Unicorn Latte – was infringed by the release of Starbucks’ limited edition Unicorn Frappuccino. It’s easy to see …
Great branding sells: American Apparel’s big IP payoff
Entrepreneurs can learn important lessons on the value of good branding from T-shirt maker Gildan Activewear Inc.’s $88 million purchase of American Apparel, says Toronto intellectual property lawyer Erika Murray. The Montreal-based clothing company will acquire the intellectual property rights related to the American Apparel brand, but not its 110 …
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