Organisation: Best Buy

Online marketplaces in Canada that should be on counterfeit enforcement radars

Featured in Online marketplace counterfeit hotspots

In the next instalment of our regular series identifying digital marketplaces that brand owners should monitor as part of anti-counterfeiting efforts, we head to Canada.

25 February 2022

Declaration of invalidation fails over BIG BOX mark

Claims that the the mark BIG BOX should be declared invalid <i>ab initio</i> under Sections 7(1)(b) (c) and (d) of the Trademarks Act have failed, after the IP adjudicator considered that the applicant had not succeeded in satisfying the burden of establishing one of the three grounds of invalidation.

10 July 2017

‘.feedback’ fires salvo over PICDRP complaint; threatens to “de-accredit” MarkMonitor as a registrar

Three weeks after being found in breach of its ICANN compliance obligations as a result of a public interest commitment dispute resolution procedure (PICDRP) complaint, Jay Westerdal, CEO of ‘.feedback’, has fired back at MarkMonitor, one of the parties to the PICDRP. In a letter obtained by <i>World Trademark Review</i>, he alleges that the PICDRP disclosed confidential information and gives MarkMonitor 30 days to cure that breach or face being de-accredited as a registrar for the string.

06 April 2017

How much is enough? How to avoid over-licensing

As brand extension through licensing becomes increasingly popular, the phenomenon of over-licensing has emerged as a potential threat to brand health and longevity

01 March 2017

Brands unleash scathing review of ‘.feedback’ top-level domain; seek investigation against registry (updated)

A collective of brands filed a public interest commitment dispute resolution procedure (PICDRP) complaint with ICANN this week, seeking a review into an allegedly “escalating pattern of discriminatory, fraudulent and deceptive registry misconduct” by the operators of the ‘.feedback’ gTLD. The move marks an escalation of the long-standing tensions between trademark owners and the registry.

26 October 2016

Law Commission publishes bill to harmonise actions for groundless threats of infringement

The Law Commission has published a bill to harmonise UK actions for groundless threats of infringement, making assertion of IP rights and discovery of primary infringers more straightforward. The proposal is to conform the provisions for trademarks and design rights with those already in place for patents.

09 November 2015

China’s new Advertising Law set to claim its first victim: tips for brand owners

China’s new Advertising Law took effect at the beginning of September, and reports have emerged that suggest Xiaomi is the first company to come under investigation. The new rules flag up several issues that brand owners should know about, and might also provide new avenues for enforcement.

09 October 2015

Important news for mark owners doing business in Quebec: appeal dismissed on signage issue

The Quebec Court of Appeal has dismissed - from the bench - the Quebec government’s appeal against a lower court decision that rejected the position taken by the <I>Office québécois de la langue française</I> on non-French public signage. The lower court had decided that non-French trademarks on store-front signage do not need to be accompanied by a French descriptor of the nature of the business to comply with the Charter of the French Language.

22 May 2015

Québec appeals French Charter decision on public display of trademarks

The Attorney General of Québec, who represents the Office québécois de la langue française, has filed a notice of appeal from the decision of the Québec Superior Court by which the court confirmed that businesses can continue using their registered trademarks on public signs outside their premises in the Province of Québec without the need to add French generic language.

19 May 2014

Retailers and INTA prevail in Québec's French Charter proceeding

The Québec Superior Court has issued its long-awaited decision in the matter of the interpretation of Québec’s Charter of the French language and its interplay with trademarks. The court confirmed that businesses can continue to use their registered trademarks on public signs outside their premises in the Province of Québec without the need to add French generic language.

22 April 2014

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