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Hoffer Adler LLP’s Legal Insight Series

Injunctions in Franchise Disputes - Part 4: Injunctions and the Duty of Good Faith in Franchising

Idan Erez | July 14, 2021

This is the fourth installment in Hoffer Adler LLP’s continuing Legal Insight Series focusing on injunctions in franchise disputes. For Parts 1, 2 and 3, of this Series, click here, here and here, respectively.


A Sign of the Times: Updated Practices in the Trademarks Opposition Board Look Towards a Post-COVID World

Stephanie Chong | July 11, 2021

In March 2020, all institutions were forced to adapt to the then-novel threat of COVID-19. The Canadian Trademarks Opposition Board was no exception. The Board is an administrative body that acts on behalf of the Registrar of Trademarks with respect to trademark oppositions (a process whereby third parties can oppose an application to register a trademark), and summary cancellations under Section 45 of the Trademarks Act (a process through which third parties can ask to remove a trademark registration from the Register based on non-use of that trademark).


Hoffer Adler LLP’s Legal Insight Series

The Use of Financial Performance Representations by Canadian Franchisors – Part II: Earnings Projections

Idan Erez | May 13, 2021

In this ongoing Legal Insight series, we will discuss some of the regulatory requirements and legal issues concerning financial performance representations, or “FPRs” as they are sometimes referred to in the United States.


Hoffer Adler LLP's Legal Insight Series

The Use of Financial Performance Representations by Canadian Franchisors – Part I: Past Historical Data

Idan Erez | May 6, 2021

In this ongoing Legal Insight series, we will discuss some of the regulatory requirements and legal issues concerning the making by Canadian franchisors of financial performance representations, or “FPRs” as they are sometimes referred to in the United States. This installment in the series will focus on the disclosure of past historical data.

What Are Financial Performance Representations?


Tips on How to Speed up the Processing of Your Canadian Trademark Application

Stephanie Chong | May 5, 2021

“Faster, Mommy! Faster, faster!” Those words were regularly uttered by my son when he was younger whenever we spent time on a ski hill, at an ice rink, or even just running around the neighbourhood.

Speed demon that he was (and still is), he would no doubt be encouraged by recent measures taken by the Canadian Intellectual Property Office (CIPO) to accelerate the processing of trademark applications.


Is O Canada Original? Thoughts on Musicology and Copyright

Stephanie Chong | August 4, 2020

O Canada!

Our home and native land!

True patriot love in all of us command.

Car ton bras sait porter l’épée,

Il sait porter la croix!

Ton histoire est une épopée

Des plus brilliants exploits.

God keep our land glorious and free!

O Canada, we stand on guard for thee.

O Canada, we stand on guard for thee.


Is a Verbal Franchise Agreement Enforceable?

Idan Erez | July 20, 2020

Typically, franchise agreements are written documents that include detailed terms describing the legal rights and obligations of the franchisee and franchisor.


Litigating Civil Disputes in Ontario During the COVID-19 Pandemic

Idan Erez | June 26, 2020

In response to the emergence of the COVID-19 pandemic, the Ontario Superior Court of Justice (the “Court”) suspended all regular operations on March 15, 2020. The suspension included the adjournment of hearings that were already scheduled and a moratorium on requests for new hearings, except for urgent ones.

Urgent hearings were permitted to continue out of recognition that access to justice must always remain available in order to permit the Court to continue to play its fundamental role in our constitutional democracy.


Lessons from the “Aunt Jemima” and “Uncle Ben’s” Trademarks

Stephanie Chong | June 19, 2020

The tragic death of George Floyd in Minneapolis on May 25, 2020 led to a resurgence of the Black Lives Matter movement, as evidenced by a groundswell of protests around the world.

Less than one month later, Quaker Oats’ parent company PepsiCo announced that its “Aunt Jemima” brand of over 130 years would be retired, recognizing that the brand’s origins are based on racial stereotypes.[1] Aunt Jemima pancake mixes and syrups have long been breakfast staples around North American kitchen tables. The brand was based on a song, “Old Aunt Jemima”, which was apparently popular in minstrel shows.[2] These shows were a form of American theatre based on purportedly comic racial stereotypes, featuring white performers in blackface portraying Black people in an often derogatory manner.[3]


COVID Considerations – Effective Brand Management during a Pandemic

Stephanie Chong | May 12, 2020

COVID Considerations – Effective Brand Management during a Pandemic

Trademarks are a key part of brand management. In view of uncertainties caused by COVID-19, effective brand management involves care and stewardship of a business’ trademarks to at least maintain, and hopefully increase, brand value through positive customer engagement.

In a previous blog post, we wrote about how a stoppage in business activities may affect the validity and enforceability of a trademark. We included some practical tips on steps that could be taken to avoid such a loss of rights.

Other COVID considerations which may factor into management of your brand are discussed below.


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