Idan Erez | July 3, 2019
What Are the Requirements to Obtain an Injunction in a Franchise Dispute?
As we discussed in Part 1 of this Series, our courts regard injunctions as extraordinary remedies. Reflecting its extraordinary nature, an injunction will not be awarded unless the party seeking it can meet a series of strict requirements...
Stephanie Chong | June 6, 2019
Raptors fever has firmly taken hold, not only here in Toronto, but across Canada (and arguably, even in the United States where many basketball fans appear fatigued at the prospect of seeing the Golden State Warriors win the championship yet again). The final series of the National Basketball Association’s playoff season is being played between the “upstart” Toronto Raptors and the experienced five-time champion Golden State Warriors based in Oakland, California.
Idan Erez | May 17, 2019
What is an Injunction, and What Role Does it Play in Franchise Disputes?
As is true of almost any commercial relationship, it is sometimes the case that a dispute can develop between the franchisor and one or more of its franchisees. When such a dispute develops, it is often the case that one or more of the parties will seek the court’s assistance to resolve it.
Stephanie Chong | May 17, 2019
The Canadian trademarks regime will see major changes coming into effect on June 17, 2019. The last time our laws in this area underwent significant transformation was in the 1950s, so June 17th will be a significant day indeed.
The impact will be seen in two major respects:
1. Changes to domestic trademark filings; and
2. Implementation of the Madrid Protocol, whereby international filings can be made
Idan Erez | April 1, 2019
Is Your Dispute Captured by Your Mediation/Arbitration Provision?
This is the third 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;
for Part 2, click here.
In this article, we consider the following question:
Idan Erez | March 19, 2019
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.
In this article, we consider the following question:
Idan Erez | March 12, 2019
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.
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.
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.
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?
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