Intellectual Property
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February 27, 2026
Court upholds dismissal of trademarks for confusion with Hershey’s Kisses
The Federal Court of Appeal has dismissed a chocolate company’s appeal arguing that SWISSKISS trademarks it sought to register would not be confused with Hershey’s Kisses.
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February 25, 2026
Experts, civil liberties associations warn against passing of ‘draconian powers’ in budget bill
More than 100 legal and human rights experts, industry leaders and civil society organizations have released an open letter to Parliament warning that the proposed amendments to the Red Tape Reduction Act in Bill C-15 sets Canada on a “dangerous anti-democratic track” and that sweeping exemption powers for corporations should be removed.
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February 25, 2026
Court slams Human Rights Tribunal’s refusal to hear cases
The Ontario Divisional Court has dismantled a major pillar of the Human Rights Tribunal’s unfair drive to reduce its backlog by dismissing most claims without a hearing.
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February 20, 2026
Blockbuster moves: Netflix and Paramount face off in the race for Warner Bros.
In June 2025, Warner Bros. Discovery, Inc. (WBD) announced plans to separate its Global Networks division from its Streaming and Studios division. WBD’s Streaming and Studios division includes its television and movie studios (Warner Bros. Television, Warner Bros. Motion Picture Group, HBO, DC Studios, etc.), its streaming platform HBO Max and its extensive media library. WBD’s Global Networks division includes its global linear cable network properties such as CNN, TNT Sports, TBS, HGTV, Food Network and Discovery. The Global Networks division also encompasses several free-to-air channels across Europe and digital products including Discovery+ and Bleacher Report. The separation is expected to spin off Global Networks into a standalone publicly traded company, Discovery Global, in Q3 2026.
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February 18, 2026
Federal Court strikes elevator monitoring patent claim over pleading defects
The Federal Court has struck a patent infringement suit over elevator and escalator monitoring technology, ruling that the plaintiff failed to plead the material facts necessary to show which products allegedly infringed which of the patent’s claims.
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February 12, 2026
‘Distemper of our times’ calls for judges to balance restraint with principled ‘bold action’: CJ Joyal
“Bold” but “properly calibrated” judicial action, rather than reflexive judicial reticence and reserve, is sometimes necessary to preserve public confidence in the justice system — a confidence on which the foundational principle of judicial independence depends, says Manitoba Court of King’s Bench Chief Justice Glenn Joyal.
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February 12, 2026
Ontario Court of Appeal calling for papers to honour late Justice Bertha Wilson
The Ontario Court of Appeal is calling for papers to mark the 50th anniversary of the late Bertha Wilson’s appointment to the court as part of a symposium honouring the woman who went on to become Canada’s first female Supreme Court justice.
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February 09, 2026
Drip pricing and misleading representations: Lessons from Cineplex v. Commissioner of Competition
Generally, advertising law in Canada is governed by the federal Competition Act. The purpose of the Act is to maintain and encourage competition in Canada to promote the efficiency and adaptability of the Canadian economy. The provisions of the Act directed at misleading representations aim to improve the quality and accuracy of marketplace information and discourage deceptive marketing practices.
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February 06, 2026
Fasken welcomes lawyer to its Canada, U.K. offices
This week, Fasken announced that Timothy St. John Ellam, K.C., has joined the firm as senior counsel in the litigation and dispute resolution group.
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February 04, 2026
Alberta seeking greater role in judicial appointments, threatens to withhold funding for judges
Alberta Premier Danielle Smith is asking the federal government for a greater say in judicial appointments and has threatened to withdraw funding to support any new judicial appointments in the province unless a more collaborative process is set up. In an open letter to Prime Minister Mark Carney, Smith also said Ottawa needs to relax bilingualism requirements for judicial appointments “that do not reflect Canada’s broader linguistic diversity in Western Canada and alienates Albertans and western Canadians alike.”