Intellectual Property
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June 03, 2025
Federal Court rejects default motion in skincare trademark case
The Federal Court has dismissed a motion for default judgment, despite finding that a defendant was in default, because the plaintiff did not establish ownership of a trademark related to a skincare device.
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June 02, 2025
Prime Minister Carney taps Montreal lawyers for key roles in PMO
Prime Minister Mark Carney has hired prominent Montreal lawyer Marc-André Blanchard, the former chair and CEO of McCarthy Tétrault LLP, as his chief of staff, while ex-federal justice minister David Lametti, counsel with Montreal’s Fasken, is also taking on senior responsibilities in the new Prime Minister’s Office (PMO), according to media reports.
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May 30, 2025
SCC rules Quebec licensing law does not apply to firms providing airport, maritime private security
In a judgment that turns on the application of the constitutional doctrine of interjurisdictional immunity, the Supreme Court of Canada has ruled 9-0 that Quebec’s Private Security Act (PSA) does not apply to two companies that engage in airport and marine port security in the province because the Quebec law impairs activities at the core of exclusive federal jurisdiction over aeronautics, navigation and shipping.
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May 29, 2025
Carney says CIT ruling that certain Trump tariffs on Canada are illegal accords with Ottawa’s view
Prime Minister Mark Carney welcomed yesterday’s now-paused U.S. Court of International Trade (CIT) ruling that set aside the Trump administration’s recent imposition of certain hefty tariffs on goods from Canada and other countries.
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May 28, 2025
Federal Court rules new trademark expungement evidence admissible in appeals
The Federal Court has clarified that evidence of expungement of a trademark relied upon in opposition proceedings is admissible as new material evidence on appeal.
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May 28, 2025
Federal Court allows motion in part in case of trademark infringement of skincare devices
The Federal Court has allowed a motion in part, finding that the defendant violated trademark rights and caused confusion to consumers in relation to anti-aging facial treatments.
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May 27, 2025
Using opposition proceedings to protect the distinctiveness of a brand name
A recent decision of the Trademarks Opposition Board illustrates how a brand owner can use opposition proceedings to protect the distinctiveness of their brand name (Robin Hood Inc. v. Robinhood Markets, Inc., 2025 TMOB 73).
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May 23, 2025
Clicking beyond death: Who gets your digital life after you’re gone?
In Jamaica, where I’m from, there’s often a mix of amusement and uneasy reverence when people discuss what to do with a person’s “belongings” when their “number has been called”: dead leff. Now, here’s the modern twist: what happens when your dead leff isn’t just a house or jewellery, but an entire digital life?
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May 22, 2025
Manitoba launches task force on implementation of new and emerging tech
Manitoba has launched an innovation and productivity task force to advise the government on the implementation of new and emerging technologies and the promotion of data-driven decision-making according to a release issued by the province on May 22.
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May 21, 2025
Federal Court rules Iranian films in rights dispute not protected by Canadian copyright law
The Federal Court ruled that Iranian films at the centre of a copyright dispute between IPTV rivals are not protected by Canadian law, finding the defendants failed to establish the works’ authors or makers were from a treaty country.