How To File A Patent In Canada

Erika MurrayNews, Patent

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

Erika MurrayNews, Patent

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

Erika MurrayNews, Patents

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

Marc Lamperttrademarks

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

Anil Bholecopyright

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 …

trademark infingement case

The Unicorn of Trademark Infringement Cases

Robert Tremblaytrademarks

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 …

3 Things Every Trademark Search Needs to Cover

Shadi NasseriPatents

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

Erika MurrayPatents

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

Erika MurrayExpert Insights, News, trademarks

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 …