The Trademark Trial and Appeal Board (the “Board”) of the U.S. Patent and Trademark Office hears applicant appeals from the final decisions of trademark examiners, and oppositions to trademark applications, concurrent use proceedings, and cancellation proceedings against trademark registrations. The proceedings are held on a paper record with oral arguments by counsel. Matters before the … Continue Reading
Suppose that you have a unique design for your product but no patent protection in the United States? Can you protect your product design to prevent a competitor from producing the same or similar design? Is there anything you can do? Let’s say you created a unique design for a product such as a smart … Continue Reading
Canada’s Federal Court of Appeal (the “Court of Appeal”) has recently had the opportunity to clarify the test for registrability of geographically descriptive trademarks in two separate decisions. The most recent of these is the decision in MC Imports Inc. v. AFOD Ltd., 2016 FCA 60. In the proceedings underlying the appeal, MC Imports Inc. … Continue Reading
The UK has for a long time had laws in place that make it illegal for IP owners to make “unjustified threats” to bring proceedings for infringement of registered IP rights. In recent years, this prohibition has been narrowed to exclude threats made in respect of primary infringement (i.e. manufacturing, importing or supplying services), but … Continue Reading
The internet’s sheer breadth often gives the impression that it transcends local legal jurisdictions. As commerce and trade become increasingly electronic ventures, courts now grapple with how to enforce orders against parties not operating within traditional physical jurisdictions. In June, the British Columbia Court of Appeal (the “Court”) in Equustek Solutions Inc. v. Google Inc., … Continue Reading
Late June 2015 saw much of Washington DC focused on whether Congress would give President Obama “TPA,” the so-called fast track trade promotion authority, that would allow concluding negotiations on the “TPP,” the Trans-Pacific Partnership, a trade deal that could have widespread international implications for IP, or intellectual property. The measure passed, ultimately, by one … Continue Reading
All businesses have valuable intellectual property, not just “tech” focused businesses such as software developers or pharmaceutical companies. However advisers may need to translate for their clients what they mean in practical terms when they use the words “intellectual property”, in order for clients to appreciate its value and take steps to protect it. For … Continue Reading
