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HTMLAre You Being Served?: The Noteworthy Differences between Proving żUseż of a Service Mark in Canada and the U.S.
Graham A. Hood; Smart & Biggar/Fetherstonhaugh;
Legal Alert/Article
May 1, 2015, previously published by IP Update — Canada, Smart & Biggar’s Canadian intellectual property and technology law update
The U.S. Court of Appeals for the Federal Circuit recently delivered a decision that helps to highlight some noteworthy differences between U.S. and Canadian trademark law. In David Couture v Playdom Inc ("Playdom"), 113 USPQ2d 2042 (TTAB 2015), the Court was asked to consider whether the...

 

Adobe PDFInsuring Against Data Breaches
Kasee Sparks Heisterhagen; Stoler Russell Keener Verona;
Legal Alert/Article
April 30, 2015, previously published on April 22, 2015
Nearly 80 million Americans were impacted when Anthem was the target of hackers in February 2015. Prior to the Anthem hack, during the 2013 holiday season Target experienced a breach exposing over 40 million credit cards and the personal identifying information of over 110 million people. In March...

 

HTMLQuestions Ordered to be Answered on Appeal, and No Decision on Bifurcation Until After Plaintiff Makes Election of Damages or Profits
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
April 29, 2015, previously published on April 8, 2015
This is a trademark case regarding the plaintiff’s YELLOW TAIL & KANGAROO DESIGN. Constellation Brands brought two interlocutory motions before the Federal Court. First was an appeal from an order (2015 CF 263) requiring its representative to answer certain questions put to him on...

 

HTMLUnited States Patent and Trademark Office Final Patent Term Adjustment Rules
Robert Irani; Bennett Jones LLP;
Legal Alert/Article
April 29, 2015, previously published on March 17, 2015
On January 9, 2015, the United States Patent and Trademark Office (USPTO) published its final rules implementing changes to patent term adjustment (PTA), in view of the United States Court of Appeals for the Federal Circuit (Federal Circuit) decision in Novartis v Lee.1

 

Adobe PDFPatent Office Issues “Interim Guidance” Reaffirming No Per Se Exclusion to Subject Matter Patentability
Kevin Greenleaf, Robert F. Kramer, Lissi Mojica, Eric L. Sophir, Russell Tonkovich; Dentons Canada LLP;
Legal Alert/Article
April 29, 2015, previously published on January 21, 2015
Recently patent practitioners and US Patent Office (PTO) examiners received additional, and much needed, guidance for determining whether certain types of inventions are eligible for patent protection. This came on December 14, 2014 by way of the PTO's long-awaited “2014 Interim Guidance on...

 

HTMLNo Likelihood of Confusion Found for VALENTINE SECRET Application
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
April 28, 2015, previously published on April 20, 2015
Eclectic Edge sought to register four marks based on use in Singapore and on proposed use in Canada. Each was refused by the Registrar. The four applications concerned VALENTINE SECRET, VALENTINE SECRET & DESIGN, VALENTINE SECRET LINGERIE & DESIGN and VS A SECRET THAT WOMEN LOVE &...

 

HTMLEnhancing Your Company’s Brand Through Sponsorship, Endorsements, and other Promotions
Nate Page; Holland Hart LLP;
Legal Alert/Article
April 28, 2015, previously published on April 21, 2015
Effective marketing and promotion is a vital aspect of every company’s business, irrespective of the industry. Becoming and staying “top of mind” with your target market depends on effective brand asset management and the successful execution of marketing campaigns. Sponsorships...

 

HTMLFormulation Patent Found Not to be Infringed as a Redacted Excipient Was Not a “Pentahydric or Hexahydric Alcohol”
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
April 28, 2015, previously published on April 20, 2015
Apotex has successfully alleged that Teva’s patent to “Stable Compositions Containing [Rasagiline]” will not be infringed by Apotex’s use of a formulation containing an excipient that is not a “pentahydric or hexahydric alcohol”. The specific identity of the...

 

HTMLCalifornia Federal Court Dismisses Trade Secret and Other Tort Claims
Karineh Khachatourian, Daniel T. McCloskey; Duane Morris LLP;
Legal Alert/Article
April 28, 2015, previously published on April 22, 2015
On April 13, 2015, the Northern District of California rejected claims in a complaint by online real estate community and web application company plaintiff Top Agent Network, Inc. (TAN) that alleged online real estate marketplace, Zillow, Inc., improperly used and disclosed information about TAN's...

 

HTMLDrilling Down: Oil Prices and Innovation
Timothy C. Bailey; Field Law;
Legal Alert/Article
April 27, 2015, previously published on April 16, 2015
Some economists have recently predicted that it not be until the third fiscal quarter 2015 that oil prices may begin to stabilize (for example, see ATB Financial’s Alberta Economic Outlook Q2 2015, published March 31, 2015). ATB Financial predicts, however, that the price stability will begin...

 


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