Intellectual Property
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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.
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May 16, 2025
Competition Bureau releases 2025-26 annual plan, builds on legislative changes
The Competition Bureau has released its annual plan for 2025-26, saying it will continue to build on previous legislative changes aimed at enhancing competition, especially in the face of “rapid shifts in trade, market dynamics and technology.”
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May 16, 2025
Federal Court extends deadlines for immigration JRs due to surging cases, inadequate gov’t funding
Contending with far too many immigration cases for its tight budget, the Federal Court this week extended by 45 days its regulation 30-day deadlines for litigants to perfect their applications for leave and judicial review of immigration decisions (ALJRs). Why? Because the registry’s beleaguered staff simply can’t keep up, and now often needs weeks rather than days to intake and process the ALJRs — which have more than quadrupled the average volume the court experienced over the five years immediately preceding the 2020 COVID-19 pandemic.
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May 16, 2025
Karl Racine joins Smart & Biggar
The trademarks practice group at Smart & Biggar has been joined by associate Karl Racine.
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May 15, 2025
Federal Court upholds Alexion patent, blocks Amgen biosimilar launch until 2027
The Federal Court has upheld the validity of a patent held by Alexion Pharmaceuticals on a drug for the treatment of a rare blood disorder and granted an injunction blocking Amgen Canada from launching a competing product until 2027.
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May 14, 2025
New federal Cabinet ministers talk tax cuts, lowering trade barriers, work-life balance and Gaza
Newly minted federal Cabinet ministers spoke for the first time about their portfolios with Hill media on May 14, as Prime Minister Mark Carney vowed that the Liberals’ promised “middle-class” tax cut will be in place by July 1, 2025, and Finance and National Revenue Minister François-Philippe Champagne disclosed that the minority Liberal government has no plans for a federal budget this year — but intends to deliver an economic statement on an unspecified date in fall 2025.