What Is Bad Faith in a Trademark Context?
There have been several recent developments concerning “bad faith’” and it seems just a matter of time before we face this issue in Canada.
How to Prove that a Mark is Distinctive!
A recent decision of the Federal Court considers a ground of opposition based on lack of distinctiveness and reviews what evidence is necessary to support such a ground.
Official Marks – What are they and how are they obtained?
Official Marks Last month we discussed prohibited marks. One type of prohibited mark is called an “official mark”. These marks can be a problem for brand owners because of their nature. What are They? The term “official mark” refers to a mark adopted and used by a public authority for goods or services, in Canada, and […]
The America Invents Act: Practical Upcoming Implications – Part II
As summarized in part I of our two-part report, on March 16, 2013, some of the most significant recent changes to United States patent law will be implemented pursuant to The Smith-Leahy America Invents Act (the “Act”). Under this Act, the United States will move from a ‘first-to-invent’ system to a ‘first-to-file’ system. Filing under […]
Wayback to the Future of Online Evidence
Article by: Ruth M. Corbin and John McKeown for Vue Magazine in December 2012 The Internet already lets you live out a vicarious online life, perhaps more thrilling than your own, through sites like Second Life, Lively or There.com. Now you can also travel back in time on the Wayback Machine, to view certain websites […]
