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Trademarks
Monday, 12 September 2016 07:01
U.S. Court rules Canadian business infringed U.S. trademark lawWritten by Teresa Scassa
The U.S. Court of Appeals for the Ninth Circuit has applied U.S. trademark law (the Lanham Act) to the activities of a Canadian citizen operating a business in Vancouver. The court acknowledged that it was applying the Lanham Act extraterritorially, but ruled that it was justified in doing so on the facts of the case. The extraterritorial application of trademark law is unusual. Registered trademarks are valid only in the country of registration. A Canadian…
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Wednesday, 17 August 2016 06:28
Olympic Marks in the Spotlight: Time to Reform Canada's Official Marks RegimeWritten by Teresa Scassa
Canada’s anomalous and downright dysfunctional official marks system is once again deserving of attention as the Rio Olympics unfold. The protection of Olympic marks in Canada reveals many of the deficiencies of this system. Under the Trade-marks Act, “public authorities” in Canada can sidestep the whole process for application, review and registration of trademarks by simply asking the Registrar of Trade-marks to advertise whatever logo or word mark they have come up with for whatever…
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Electronic Commerce and Internet Law in Canada, 2nd EditionPublished in 2012 by CCH Canadian Ltd. Intellectual Property for the 21st CenturyIntellectual Property Law for the 21st Century: Interdisciplinary Approaches |