Archive for December, 2006
« Older Entries |Real Estate Development And Trademarks – The Sequel
Friday, December 29th, 2006
Readers of this blog who read our posting on November 23, 2006, may be interested in an article published on BCRELinks.com, the portal site of our firm’s Commercial Real Estate Practice Group, which discusses in more depth the trademark issues that Real Estate Developers should be aware of.
Posted in Branding, Protection & Enforcement, Registration | No Comments »
The Source Once Again A Source of Trademark Problems
Thursday, December 28th, 2006
Circuit City continues to encounter trademark problems in Canada with its chain of retail consumer electronics stores. When Circuit City purchased the chain of 870 plus stores from Radio Shack 18 months ago, it was forced to incur substantial costs to re-brand them as The Source by Circuit City. Now, a smaller chain of photo shops called Foto-Source Canada Inc. has applied to the Federal Court of Canada seeking an order that Circuit City cease using The Source as part of its name.
Foto-Source contends that it adopted the slogan “Get it right, from the source” in 1994. Both parties have filed applications to register their respective trademarks in Canada but neither application has been published for opposition yet.
Posted in Branding, Protection & Enforcement | 1 Comment »
Scotch Distilleries Protest Use Of Glen With Canadian Whisky
Wednesday, December 20th, 2006
The Scotch Whisky Association is battling a Cape Breton distiller of whisky over its use of the word Glen in its trademark. The Association, which represents the owners of well known brands such as Glenfiddich, Glenlivet and Glenmorangie, is concerned that consumers will assume that Glen Breton Rare single malt whisky, produced by Glenora Distillery, is a scotch whisky.
The Association argues that the word “Glen” is too closely linked to scotch whisky for anyone other than Scottish producers to use. “Scotch Whisky” itself is a designation that is protected under the federal Trade-marks Act for use only with whisky produced in Scotland.
The Canadian distillery, which has applied to register the mark GLEN BRETON, argues that Cape Breton, where it is based, has very strong Scottish roots because it was settled by the Scottish over 200 years ago. The region is riddled with towns and villages that contain the word “Glen”, which means a place at the base of highlands or mountains. The Association has opposed the GLEN BRETON trademark application. Lawyers for both sides recently presented oral arguments and a decision of the Opposition Board is still months away.
Posted in Branding, Protection & Enforcement, Trade-mark Oppositions | 1 Comment »