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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.
Canada's New Proposed Cannabis Legislation: Challenges to Franchisors
Idan Erez | April 19, 2017
I) Introduction to the New Proposed Cannabis Legislation
The federal government has recently introduced proposed legislation to legalize the recreational use of cannabis (marijuana). Once this legislation is passed, it will establish a framework for the production, possession, distribution, and selling of cannabis for recreational use.
Non-Competition and Non-Solicitation Clauses in Franchise Agreements
Idan Erez | April 4, 2017
I) Non-Competition and Non-Solicitation Clauses: What Are They?
Franchisors often include within their franchise agreements provisions that seek to restrict the ability of the franchisee and the franchisee’s principals to (i) compete with the franchisor and (ii) solicit the franchisor’s employees to compete. Provisions that seek to do the former are known as “non-competition clauses” or “non-competition covenants”; provisions that seek to do the latter are known as “non-solicitation clauses” or “non-solicitation covenants”.
