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Hoffer Adler LLP’s Legal Insight Series - Mediation and Arbitration Provisions in Franchise Agreements - Important Considerations

Idan Erez | March 19, 2019

Part 2: Can the Existence of a Mediation or Arbitration Provision Postpone the Deadline By Which One Party Can Sue the Other?

This is the second installment in Hoffer Adler LLP’s continuing Legal Insight Series focusing on mediation and arbitration provisions in franchise agreements. For Part 1 of this Series, click here.


Hoffer Adler LLP’s Legal Insight Series - Mediation and Arbitration Provisions in Franchise Agreements

Idan Erez | March 12, 2019

Part 1: Are Parties Other Than the Franchisor and the Franchisee Bound by the Mediation or Arbitration Provision?

It is not uncommon for franchise agreements to include provisions requiring the parties to resolve any future disputes that may arise between them by means of alternative dispute resolution, such as mediation and/or arbitration, instead of by commencing a court lawsuit.


It’s my party (and I’ll sue if I want to)*

Stephanie Chong | February 25, 2019

Politics and trademarks may make an odd coupling, but the two realms have squarely met in lawsuits recently filed with the Federal Court.

Satinder Singh Dhillon is claiming intellectual property rights in the name “People’s Party of Canada”. Those who closely follow the sometimes arcane world of Canadian politics will know that this is the same name chosen for a political party whose leader is Maxime Bernier, a former member of the Conservative Party of Canada who served as a cabinet minister under former Prime Minister Stephen Harper.


Well, “high” there … What trademark owners need to know about the new Cannabis Act

Stephanie Chong | October 17, 2018

Today marks a historic moment in Canada – the consumption and sale of recreational marijuana is now legal.

The stated purpose of the Cannabis Act is to protect public health and safety, including protecting youth by restricting their access to cannabis.


The Madrid Protocol for the International Registration of Trademarks – Is your brand ready?

Stephanie Chong | June 4, 2018

I recently returned from Seattle, where I attended the annual meeting of the International Trademark Association (INTA). This event attracted nearly 11,000 brand owners and their service providers from all over the world. Among such a large international gathering, attendees were able to discuss many issues of interest in the trademarks field.

One question that regularly came up was: When will Canada finally become part of Madrid?


Recent Case Indicates Possible Extension of Rescission Period

Joseph Adler | November 22, 2017

I was asked by AdvocateDaily.com to comment on the recent Ontario court decision, 2212886 Ontario v. Obsidian Group.


TRADEMARK ALERT – Increased Processing Times by CIPO

Stephanie Chong | November 17, 2017

Our firm handles a large number of Canadian trademark filings for both domestic and foreign entities. It has become apparent that the processing times for these applications by the Canadian Intellectual Property Office (CIPO) has increased in the past few months. It is now taking CIPO almost a full year to examine a trademark application. This means that when an application is filed, it essentially sits in the queue for almost a year awaiting processing.


Coming Soon: Amendments to Ontario's Franchise Laws

Idan Erez | October 19, 2017

Changes are coming to the Arthur Wishart Act, which is the legislation that governs franchising in Ontario.

The Ontario government recently introduced Bill 154, Cutting Unnecessary Red Tape Act, 2017 1. The bill proposes changes to a number of acts, including the Arthur Wishart Act. The changes being proposed to the Ontario franchise legislation have important consequences for both franchisors and franchisees.


Intellectual Property Rights Owners Given More Ammunition in Canada

Stephanie Chong | June 29, 2017

On June 28, 2017, the Supreme Court of Canada released its decision in Google Inc. v. Equustek Solutions Inc., a case involving intellectual property infringement. The decision has far-reaching implications because the Supreme Court upheld a worldwide injunction against Google Inc. The search engine powerhouse, despite being a non-party to the underlying infringement litigation, was ordered to remove all links to infringing websites from Google search results, anywhere in the world.


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