Teresa Scassa - Blog

Wednesday, 01 October 2014 11:50

Another Official Marks Case Signals Need for Reform

Written by Teresa Scassa
Yet another decision regarding official marks highlights the need for reform of this privileged category of marks protected under the Trade-marks Act. In Terrace (City) v. Urban Distilleries Inc., two concurrent owners of the same official mark -- SPIRIT BEAR -- challenged the use by the defendant company of a mark that they claimed infringed their rights in the official mark. The City of Terrace had requested that the Registrar of Trade-marks give public notice…

Monday, 15 September 2014 08:25

Official Marks Reform Still Sorely Needed

Written by Teresa Scassa
A recent decision of the Federal Court highlights the need for reform to the official marks regime under the Trade-marks Act. As discussed in an earlier blog post, official marks are a kind of ‘super trade-mark’ available to ‘public authorities’ in Canada. A public authority has been interpreted by the courts as an entity that is under government control and that acts for the public benefit. Official marks are not subject to the rigors of…

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