Canada

Dow obtains largest ever Canadian patent infringement award

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Source: Smart & Biggar/Fetherstonhaugh via International Law Office 31 July 2017

“The Federal Court has issued its further judgment and reasons (2017 FC 637) concerning the amount of financial compensation to be paid to Dow Chemical Company as a result of earlier patent infringement and validity proceedings against NOVA Chemicals Corporation (for further details please see “Dow succeeds on major issues in patent infringement profits case“).

The final award totals over C$645 million (including pre-judgment interest), which is the largest reported award in a Canadian patent infringement case.”

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A Rum Do

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Source: Marks & Clerk via mondaq.com, 11 July 2017

“Captain Morgan has not found imitation to be the sincerest form of flattery and in a swashbuckling face-off, has forced Admiral Nelson to retreat from Canadian liquor store shelves.”

“While the Court found there was little scope for confusion between the wording ADMIRAL NELSON’S and CAPTAIN MORGAN when spoken, a likelihood of visual confusion between the fanciful depictions of an historical naval figure wearing a nautical uniform with buttons and a cape as represented by each of the ADMIRAL NELSON’S and CAPTAIN MORGAN characters was considered to exist.  The Court concluded there would be a likelihood of confusion from the perspective of the somewhat hurried consumer who would not pause to examine the points of similarity or difference between the marks. This “illusion of sameness” would lead to confusion as to source.”

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Canada Revenue Authority will not seek leave to appeal BP Canada decision

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Source: Thorsteinssons LLP via International Law Office, 30 June 2017

“In BP Canada Energy Company v Minister of National Revenue (2017 FCA 61), the Federal Court of Appeal imposed important restrictions on the use of Section 231.1(1) audit powers by the Canada Revenue Agency (CRA). Read the rest of this entry »

Canada: IP law and practice: 2016 highlights

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Source: February 06 2017 Contributed by Smart & Biggar/Fetherstonhaugh via International Law Office

  • Patent and trademark agent privilege recognised
  • Comprehensive Economic and Trade Agreement signed
  • Geographically descriptive trademarks law and office practice clarified
  • Test for obviousness-type double patenting clarified
  • Injunctions for retailers of television set-top boxes
  • Norwich order in reverse class action for copyright infringement
  • Issue payment underpayment does not render patent invalid
  • Public display of non-French trademarks in Quebec
  • Competition Bureau releases revised IP enforcement guidelines

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