Filing a patent in Ontario or anywhere in Canada is a process that requires diligence, attention to detail, and technical skills. Before jumping into how a patent is filed, let’s review the purpose behind the patent system in Canada. One of the goals of the patent system is to fuel …
Canadian Courts Can’t Keep their Patent Promise
In the last few weeks the Supreme Court of Canada has released three IP and technology law related decisions, each with significant holdings. In Douez v. Facebook, Inc., 2017 SCC 33, the Court established a framework for deciding the enforceability of forum selection clauses. The analysis will no doubt also …
SCC Renders Decision Against Google
A Supreme Court of Canada (SCC) ruling ordering search engine giant Google to remove the web pages of a company found to be duplicating a technology firm’s products will have a global impact, says Toronto intellectual property lawyer Erika Murray. “The unprecedented decision will have implications for IP (intellectual property) holders around the world and online …
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 …
Copyrights: All You Need to Know
Copyrights are an essential tool to protect an original piece of work. Toronto is home to many prominent content creators for media, arts, music and technology. Copyright is importantly used to protect use and distribution of the creative works generated by such content creators. Copyright can also be used to …
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 …
Canada’s AI vision must safeguard intellectual property
For Canada to cement its position as a leader in machine learning-based artificial intelligence (AI), it must progress its efforts to protect the associated intellectual property (IP), Toronto intellectual property lawyer Erika Murray tells AdvocateDaily.com. AI is expected to play a significant role in both the workplace and society in …
3 Things Every Trademark Search Needs to Cover
A trademark search is an effective way of seeing the listings of existing trademarks in Canada. Given there are thousands of trademark applications per year and growing, this can seem a little daunting. Luckily, there are many ways to conduct a search starting with preliminary online tools. For a more …
The Dos and Don’ts of Registered Trademarks
When you think of trademarks, what comes to mind? Probably an assortment of symbols, each evoking a particular large company brand identity with its respective qualities. The value of these associations is obvious. Certainly, one role of a trademark is to represent this defining aspect of branding – i.e. trademarks …
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 …