Tag: Fogler Rubinoff

CarGurus Enters Canada – Suit Ensues For Statutory Damages under the Canadian Copyright Act

The plaintiff in a copyright infringement action has the option to choose to receive statutory damages rather than to establish its actual quantum of damages it has suffered. Statutory damages range from a minimum of $500 to a maximum of $20,000 for the infringements related to a given work. A plaintiff might choose statutory damages … Continue Reading

Industrial Design Protection in Canada: Changes Before the Office January, 2017

Industrial design registrations under the Industrial Design Act (the “Act”) are similar to design patents in the US.  They protect the features of a product that are visually appealing and not purely utilitarian. They can consist of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form, … Continue Reading

USE IT OR LOSE IT- in Canada

Under the Canadian Trade-marks Act, one can request that the Registrar of Trade-marks commence Section 45 Proceedings to cancel a trademark registration for non-use.  The Act states that the Registrar shall, upon the written request by any person (who pays the prescribed fee) after three years from the date of registration of a trademark, unless … Continue Reading

IT’S NICE IN CANADA THESE DAYS – CANADIAN TRADE-MARKS OFFICE IS ADOPTING NICE CLASSIFICATION

As of September 28, 2015, the Canadian Trade-marks Office  (“CIPO”) indicated that it accepts trade-mark applications with the goods and services grouped and classed according to the Nice Classification system.  CIPO issued a Practice Notice entitled Nice Classification on September 28, 2015.  Prior to September 28th, the Nice classification system was not used in Canada … Continue Reading

“The Donald” Trump – Avoids Trade-mark Licensor Liability in Canada

I spent years at my office watching the gradual construction of the 70-story mixed-use TRUMP TOWER complex in downtown Toronto, Canada.  It is now a Toronto landmark and a place for the lawyers and bankers in the financial district to wine and dine clients.  Trump, two of his affiliated companies (Affiliates) plus the licensed developer … Continue Reading
LexBlog