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Trademarks in 2020: notable cases and developments


potential claims by exclusive distributors against importers of grey market goods.
Other major developments included:
the Trademark Office s issue of new limits on extensions of time for responding to an office action; and
the availability of expedited examination for trademark applications where the goods or services are for the prevention or treatment of COVID-19.
This article revisits these notable cases and developments and considers their implications for 2021.
Case law developments in 2020
Comparative advertising
In one of the first notable decisions of 2020, the Federal Court considered the legal limits to comparative advertising under the Competition Act and the Trademarks Act in ....

United Kingdom , British Columbia , Miller Thomson , Services Manual , Quebec Court , Hilton Worldwide Holding Inc , Trupanion Brokers Ontario Inc , Trademark Office , Petline Insurance Company , Energizer Brands , Canadian Intellectual Property Office , Gillette Company , Foods Ltd , Foods Ltdv Every Green International Inc , While The Federal Court , Green International Inc , Simms Sigal Co Ltd , Toysr Us , Trademarks Office , Herbsr Us Wellness Society , Health Canada , Foods Co Ltd , Federal Court , Competition Act , Trade Marks Act , Trademarks Actor Section ,

IP Litigation 2020 Year In Review - Intellectual Property


Canmar
5 was a
trend for a day or here to stay. This year, the Federal Court has
seen increased attempts by litigants to resolve matters more
expeditiously by way of dispositive motions. Summary judgment was
granted in three cases
6 and two
motions for default judgment were brought but dismissed based on
insufficient evidence.
ViiV Healthcare Company v. Gilead Sciences
Canada,
8 the Court held that
completion of discoveries is not a precondition to summary trial
such that resolution may be sought at very early stages of the
proceeding.
We saw the Federal Court grant summary disposition to (a)
dispose of claim construction argument, ....

Justice Southcott , Justice Orilley , Justice Kane , Justice Nadon , Justice Mcveigh , Justice Hughes , Justice Lafreni , Justice Pentney , Justice Boswell , Justice Fuhrer , Justice Oreilly , Justice Rivoalen , Justice Roy , Justice Grammond , Justice Manson , Justice Webb , Georgetown Rail Equipment Company , Mccain Foods Limited , Arctic Cat Inc , Sport Maska Inc , Seedlings Life Science Ventures , Free World , Pharmascience Inc , Mccain Foods , Trennen Industries Ltd , Ta Foods Ltd ,

Year In Review – Key Trademark Cases From 2020 - Intellectual Property


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While 2019 was historic in terms of the changes it brought to
Canadian trademark law, 2020 was unprecedented, bringing the world
together in a common quest to combat the COVID-19 pandemic. Yet,
despite considerable turmoil and disruption, Canadian trademark
practitioners remained resilient and active. Many of the amendments
to the Canadian
Trademarks Act, implemented in 2019,
received considerable attention and review by the Examination
Section of the Trademarks Office as well as the Opposition Board.
In addition, the Federal Court and Federal Court of Appeal provided
valuable guidance in several noteworthy decisions. The following ....

New York , United States , New Zealand , Republic Of , Justice Fuhrer , Miller Thomson , Justice Kane , Justice Mcveigh , Justice Mactavish , Kane Pentastar , Justice Pentney , Services Manual , Vavilov The Federal Court , Quality Program Services Inc , Diageo North America Inc , Property Office Goods , Section Of The Trademarks Office , Wellness Society , Energizer Brands , Obsidian Group Inc , Ontario Energy , Gillette Company , Foods Ltd , International Ltd , Hilton Worldwide Holding , Travelway Group International Ltd ,