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  • Archive for September, 2008

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    Latest Olympics Trademark Dust Up Is Of Anthemic Proportions

    Thursday, September 25th, 2008

    A Canadian Press Story today reports that the Vancouver Organizing Committee for the 2010 Winter Olympic Games (VANOC) has recently filed applications with the Canadian Intellectual Property Office (CIPO) to register the phrases WITH GLOWING HEARTS and DES PLUS BRILLIANTS EXPLOITS as trademarks. These applications are filed based on proposed use in Canada in association with a lengthy shopping list of goods and services. They also claim priority from earlier filed European Community Trademark (CTM) applications, filed with the Office for Harmonization in the Internal Market (OHIM) in March of 2008. Interestingly, the CTM applications are filed in the name of Filemot Technology Law Ltd. and not VANOC.

    Canadian readers will immediately recognize WITH GLOWING HEARTS and DES PLUS BRILLIANTS EXPLOITS as phrases from “O Canada”, the Canadian national anthem. Copyright buffs out there might already know that the anthem was long ago placed in the public domain by the Government of Canada pursuant to the National Anthem Act.

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    Posted in Branding, Legislation, Protection & Enforcement, Registration | 1 Comment »

    Making Room On The Brandwagon

    Monday, September 22nd, 2008

    Here at the Canadian Trade-mark Blog, our first-ever post focused on Interbrand’s 2006 Best Global Brands Survey. As we’ve tracked the survey over the years, we’ve noted several constants – like COCA-COLA’s stranglehold on the number one spot, the predominance of US-brands in the top 10, and the sparse number of Canadian brands from the top 100.

    The 2008 Best Global Brands survey was released last week, and little has changed: COCA-COLA took the top spot again and US-brands continue to dominate the top 10. However, we’re pleased to report that the list now features twice as many Canadian brands as last year.

    At number 44 is THOMSON REUTERS – formerly The Thomson Corporation – who engaged in extensive advertising of its new brand following its merger with Reuters Group earlier this year.

    Canada’s new addition? Charging in at number 73 is…

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    Posted in Branding, Famous Marks | No Comments »

    Hyundai Keeps On Motoring

    Friday, September 19th, 2008

    An update on a battle we previously blogged about: the fight between, in one corner, Hyundai Auto Canada, a division of Hyundai Motor America (“Hyundai Canada”); and in the other corner, Cross Canada Auto Body Supply (West) Limited, Cross Canada Auto Body Supply (Windsor) Limited and AT Pac West Auto Parts Enterprise Ltd. (together, for the sake of brevity, the “Resellers”).

    You may recall that in that case, the Resellers were re-selling automotive parts and accessories, including Hyundai automotive parts and accessories, in Canada. The Resellers sought expungement of five Hyundai-related marks in Canada owned by Hyundai Canada, claiming that all of the marks were non-distinctive, and further claiming that three of the marks had been abandoned.

    (This central action spawned several others: in one, Hyundai Canada sought – though ultimately failed to obtain – an injunction to preclude the Resellers’ use of the Hyundai-related marks on the automotive parts packaging they offered for sale.  Other related actions included disagreements over the production of documents, and the appropriateness of photocopying and other charges.)

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    Posted in Case Law, Protection & Enforcement, Registration | No Comments »

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