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 …
CULT GAIA REFUSED U.S. TRADEMARK REGISTRATION OF ITS “GAIA’S ARK” HANDBAG DESIGN, DUE TO GENERICNESS AND NON-DISTINCTIVENESS ISSUES
Dubbed as the Instagram “it” bag in 2016, Cult Gaia’s “Ark” bag design was recently refused trademark registration in the United States following the brand’s five-year battle to obtain registration for the design of its bag.
When Culture And Copyright Clash In An UGGly Lawsuit
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 …
Netflix takes ‘softball’ approach with Stranger Things pop-up bar
Though companies have traditionally been counselled to aggressively monitor and enforce their intellectual property, some are taking other approaches in an effort to earn positive publicity, especially where circumstances of the infringement are more minor, Toronto intellectual property lawyer Erika Murray tells AdvocateDaily.com. Read more…
Ottawa’s WiLAN Acquires International Road Dynamics for $63.5M
WiLAN, the Ottawa-based company has decided to move toward the ‘Industrial Internet of Things’ sector and beyond the tradition intellectual property and patent licensing role it has played in the market with the purchase of International Road Dynamics for a whopping $63.5 million. In the past the patent and intellectual …
Trademark Lawyers And Celebrity Culture
Being a public persona is hard work and often involves the help of a diligent trademark lawyer. In the United States, some of the most talked-about celebrities have been employing the help of trademark lawyers to protect their name – and the lucrative business that comes with the brand – …
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 …
Canada Launches Public Consultation On reform of Copyright Board
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
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 …