Archive for February, 2009
« Older Entries |The Need for Proper Evidence of Trademark Use
Friday, February 27th, 2009
A previous blog commented on the importance of proper evidence of use when the registered owner of a Canadian trademark is faced with a potential expungement pursuant to section 45 of the Trade-marks Act.
Curb v. Smart & Biggar, on appeal to the Federal Court from a decision of the Registrar is a further illustration. Mike Curb, a well-known American record producer was the registered owner of CURB RECORDS for use in association with wares described as “audio and audio-visual recordings; printed materials, namely posters; clothing, namely t-shirts and caps” and services described as “entertainment services provided by pre-recorded and live music; and the production, publishing and distribution of audio and audio-visual recordings”. On the basis of the Affidavit evidence filed by the Senior Vice-President of Curb Records, the Registrar concluded there was use in association with audio and audio-visual recordings, but insufficient evidence of use in association with the other wares and all the services during the three years preceding the section 45 request.
Posted in Case Law, Protection & Enforcement | No Comments »
JAVACAFÉ: Clearly Descriptive in the French Language
Tuesday, February 24th, 2009
Following up on an earlier blog posting, we note that the Supreme Court of Canada has refused leave to appeal from the Federal Court of Appeal’s decision in Shell Canada Limited v. P.T. Sari Incofood Corporation.
The Court of Appeal earlier concluded that JAVACAFÉ when sounded as two words was clearly descriptive, in French, of the claimed wares, namely, coffee products.
Posted in Case Law, Registration, Uncategorized | No Comments »
Cybersquatter Targets MP Keith Ashfield
Monday, February 23rd, 2009
CBC News reported recently that Conservative MP Keith Ashfield registered the domain name keithashfield.ca during the 2008 election. When Mr. Ashfield failed to renew the registration, it was quickly scooped up by an apparent cybersquatter. Cybersquatters (as they are commonly known), often register famous names or trade-marks in order to benefit from the associated goodwill to drive traffic to their websites. Often these websites are “pay-per-click” sites which generate revenue for the cybersquatter.
The website now resolves to a site offering details on how to get prescription drugs without a prescription. Exactly who holds the domain name is unclear, as this information has been privacy protected by the registrar, Namespro Solutions Inc., at the request of the owner. Under the current CIRA privacy policy, personal information of owners who are individuals is permitted to be cloaked, even if the domain name links to a commercial site.
Posted in Domain Name Disputes, Domain Names, Trade-mark Oppositions | 1 Comment »