Blog

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?

Ontario’s Franchise Law Has Changed: Is Your Franchise Prepared?

Joseph Adler | January 9, 2018

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”.

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