Archive for June, 2007
« Older Entries |Olympic Trademark Legislation Closer to Becoming Law
Thursday, June 28th, 2007
Following up on an earlier story regarding the unique aspects of Bill C-47, we note that the Olympic and Paralympic Marks Act, has now received Royal Assent. We understand that the legislation has not yet come into force by order of the Governor in Council, as required by section 15 of the Act, and that regulations are contemplated.
While similar legislation has been enacted in other Olympic host countries in recent years, the removal of the normal requirement that the Canadian Olympic Committee, the Canadian Paralympic Committee or the Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games (“VANOC”) prove irreparable harm in order to obtain an injunction has certainly raised some eyebrows in the legal community.
The controversy noted earlier continues, as evidenced in an article in the Globe and Mail, “Olympics Bill Toughens Trademark Muscle“.
Posted in Famous Marks, Legislation, Protection & Enforcement | 3 Comments »
Only in Canada? Official Marks – Public Authorities must be Canadian
Thursday, June 28th, 2007
The Supreme Court of Canada today released its judgment dismissing with costs the U.S. Postal Services’s application for leave to appeal a decision of the Federal Court (Canada Post Corporation v. United States Postal Service).
Canada Post had brought an application for judicial review of the decision of the Registrar of Trade-marks giving public notice of the adoption and use of 13 Official Marks by the United States Postal Service. The Federal Court held that in order for a public authority to file a Request for an Official Mark under S. 9(1)(n)(iii) of the Trade-marks Act, the public authority must be a public authority in Canada. The U.S. Postal Service had appealed the Federal Court’s decision to the Court of Appeal, which appeal was dismissed.
In light of the Federal Court’s decision, the Trade-marks Office issued a Practice Notice in 2006 stating that a public authority must be a public authority in Canada. With today’s Supreme Court of Canada decision, the policy in that Practice Notice has now been cemented.
Posted in Case Law, Foreign Protection, Protection & Enforcement | No Comments »
Knock Off the Counterfeiting
Tuesday, June 26th, 2007
According to a recent Vancouver Sun front-page headline, Vancouver is the knockoff capital of Canada. The article states that the police are about to put forward a test case that they hope will lead to successful prosecution of cases involving trademark infringement. In an earlier post, we discussed some of the recommendations that the Canadian Anti-Counterfeiting Network provided to the government to address counterfeiting and piracy in Canada.
Interestingly, the Lower Mainland’s hugely popular Richmond Night Market, which, according to a recent report, is looking for a new home, has community support. Granted, there are vendors selling legitimate goods at the Richmond Night Market but, by all reports, there are many counterfeit goods sold there as well. As discusssed by Larry Munn in a recent article, some trademark owners are now pursuing landlords, seeking to impose liability on landlords for infringing acts of their tenants.
It will be a positive step if the test case mentioned in the Vancouver Sun article is successful. However, the authorities and trademark owners apparently need to change the public’s view that knockoff goods don’t hurt anyone. Counterfeit goods harm trademark owners economically and some goods can pose a health hazard to the public. No one wants to brush their teeth with counterfeit toothpaste containing antifreeze.
Posted in Branding, Protection & Enforcement | 1 Comment »