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Dec 1, 2018 · "Although in the instant suit, [WBS and Blotzer] attempt to raise a new theory of ownership of the RATT marks, the issue of trademark ownership, even under common law theories, could have been ...
Apr 8, 2016 · The original bassist from Ratt is using his ex-band’s trademark without permission, according to a federal lawsuit filed by a corporation owned by two of the ‘ 80s metal band’s founding members.
- Ashley Cullins
- Case Law Developments in 2020
- New Developments in The Canadian Intellectual Property Office
- Concluding Remarks
1) The Federal Court issues an important decision regarding potential liability for comparative advertising in Petline Insurance Company v Trupanion Brokers Ontario Inc
In one of the first notable decisions of 2020, the Federal Court considered the legal limits to comparative advertising under the Competition Act and Trademarks Act in Petline Insurance Company v Trupanion Brokers Ontario Inc , 2019 FC 1450. Petline, a Canadian pet insurance business, alleged that its competitor Trupanion’s advertisements amounted to false and misleading statements tending to discredit its business and services, contrary to section 7(a) of the Trademarks Act, false and mislea...
2) The use of a competitor’s unregistered trademarks may amount to depreciation of goodwill in Energizer Brands LLC v The Gillette Company
In the ongoing battle between two of Canada’s leading battery brands (Energizer Brands LLC v The Gillette Company, 2020 FCA 49), the Federal Court of Appeal upheld the Federal Court’s holding that a claim for depreciation of goodwill (i.e. Canada’s anti-dilution prohibition) under section 22 of the Act is not limited to registered trademarks and minor misspellings thereof. In 2014, Duracell started using stickers on packaging of its DURACELL brand batteries with claims that they performed bet...
3) The Federal Court was not amused with cannabis company’s brand parody in Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society
In a further decision considering section 22 of the Trademarks Act, the Federal Court provides a cautionary tale in the dangers of adopting a mark or name “inspired” by a famous or well-known brand, even when confusion is unlikely. Toys “R” Us is the owner of the well-known mark below: Toys “R” Us brought an application in the Federal Court against Herbs “R” Us Wellness Society, a Canadian company operating a cannabis boutique and “dispensary” in Vancouver, BC for trademark infringement, pass...
The Trademarks Office issued new limitson extensions of time for responding to office actions. Prior to January 17, 2020, one extension of time for a given office action could be secured without any substantive reasons. Further six-month extensions could be secured by demonstrating exceptional circumstances. Effective January 17, 2020, the Trademar...
Of course, 2020 was dominated by the global COVID-19 pandemic, and we are hopeful that our clients and colleagues remain well during these unprecedented times. In 2021, we look forward to the ongoing implementation of the changes to the Trademarks Act that took effect in 2019, including through international applications/registrations, the expansio...
Trademarks Canada provides professional Canadian trademark registration and infringement services throughout Canada and abroad. Trademarks Canada is operated by Canadian intellectual property lawyer Zak Muscovitch, who is the principal of The Muscovitch Law Firm (Muscovitch Law P.C.). Zak is a Toronto trademark lawyer and experienced with ...
Aug 26, 2019 · 11. Paramountcy. 2018 was interesting in that the constitutional principle of paramountcy was raised as an issue in a trademark case. In Royal Demaria Wines Co. Ltd. v Lieutenant Governor in Council, 2018 ONSC 7525, the court dealt with the problem of the legislative authority to regulate the term “icewine”.
In September 2015, Blotzer announced that he had "taken control" of Ratt and his Ratt Experience lineup was the real Ratt, and ready to embark a tour in 2016. [37] However, within days, Warren DeMartini spoke out against Blotzer using the name, as he still has control over the Ratt name on his half, [ 38 ] but Blotzer claims he has the legal right to do so on his half. [ 39 ]
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Jun 16, 2020 · This article reviews material developments in Canadian legislation, case law and practice in the area of trademarks in 2019. All references in this article to the "Act" refer to the Trademarks Act, R.S.C. 1985, c T-3, as amended. This article was originally published by The Continuing Legal Education Society of British Columbia in their "Annual Review of Law & Practice - 2020".
