The Olympic Rings and and the motto “Faster, Higher, Stronger” are both Olympic marks. Olympic Rings Baron Pierre de Coubertin (died 1937) created this Olympic Rings design in 1913. They were published not later than 1920, when they were displayed on the Olympic flag at the Antwerp games. The Government of Canada prohibits the use… Continue reading Olympic Rings and Faster, Higher, Stronger
Piscitelli has been cited as authority for: Drawing negative inferences, The standard of review in the face of new evidence, and That a Federal Court can a declare an official mark as unenforceable. Piscitelli has been cited in 5 cases in the Federal Court of Canada, as of August 2018, for: Drawing Negative Inferences … Continue reading Piscitelli v. LCBO 2001 FedCt Decision re Millennium
ALOPEX ADVISORS, LLC v. ALOPEX GOLD INC. filed a trademark infringement case, court file number T-1833-17, on November 2017. While it is too early to tell, it seems that ALOPEX ADVISORS will likely succeed based on their prior use of the Alopex head design in Canada since 2012, because of its priority based on use. Stay… Continue reading ALOPEX ADVISORS Trademark Infringement Case
Deceptively misdescriptive trademarks are not registrable under section 12(1)(b) of the Trademarks Act, which states: When trade-mark registrable 12 (1) Subject to section 13, a trade-mark is registrable if it is not … (b) whether depicted, written or sounded, either clearly descriptive or deceptively misdescriptive in the English or French language of the character or quality… Continue reading Deceptively Misdescriptive Trademarks
Vancouver Career College and Vancouver Community College are fighting over who owns the acronym VCC. The Vancouver Career College case is before the Supreme Court of Canada. In this trademark confusion case, the issues are: Respondent bringing passing off action against the applicant with respect to its trademarked name and acronym: In a passing off… Continue reading Vancouver Career College v. Vancouver Community College
In a case appealed all the way to the Supreme Court of Canada, two companies fought over who owns the word “perks.” The case is called Venngo Inc v. Concierge Connection Inc. c.o.b. as Perkopolis, et al. The Supreme Court of Canada dismissed the appeal and the decision of the Federal Court of Appeal stands. 2017-11-23 Decision… Continue reading Who Owns the Word Perks?