In Canada, the Toronto Raptors’ successful drive for their first NBA Championship is all anyone can talk about. But behind the euphoria of the Championship lurks a dark cloud. Monster Energy has commenced a proceeding, known as a Trademark Opposition, to prevent the most recent versions of the Toronto Raptors’ logos from being registered as trademarks.
While the recent strong performance of the Toronto Raptors in the NBA finals has brought joy and hope to Toronto sports fans and supporters of Canadian basketball, it has also brought with it a flood of media coverage. The daily spotlight being shone on the team should come as no surprise to anybody, nor should the fact that anything even remotely associated with Raptor’s star forward, Kawhi Leonard (“Leonard”), is met with an exceptional amount of scrutiny. So, one can imagine just how much attention a story might receive involving one of the NBA’s biggest stars and the sports industry’s largest apparel company. As was widely reported earlier this week by just about every single news media outlet in North America, Leonard has initiated legal action against sports apparel giant Nike Inc. (“Nike”) over control of his personal branding.
This is the third and final part of our copyright comparison looking at rules and regulations in Canada and the United States. Part 3 looks at different landmark cases that have helped shape the landscape of how copyright law is interpreted in Canada. Make sure to check out parts 1 and 2 in the series.
This is the second part of our copyright comparison looking at rules and regulations in Canada and the United States. Part 2 looks at the differences between the principles of Fair Dealing in Canada and Fair Use in the U.S. Make sure to check out Part 1 that provides an introduction and insight into derivative works in both countries.
This is the first part of our copyright comparison series looking rules and regulation in Canada and the United States. This comparison of the Canadian concepts of fair dealing and “derivative works” with equivalent provisions of the U.S. Copyright Code will highlight the broad protection afforded to users of pre-existing works in Canada. Make sure to look out for parts 2 and 3.
By definition, Industrial Designs are the visual features of shape, configuration, pattern or ornament, or any combination of these features applied to a finished article. Basically, it is about how things look. For example, the specific shape or decoration of a table. Further, it must be an original design in order to be protected. But how does one prove originality? Fortunately, Canada’s Industrial Design Act exists to answer this question, among others, and provide direction regarding the requirements and process for registering a design. In November 5, 2018, amendments to this Act came into force. Here are a number of changes that those who are looking to register an Industrial Design in Canada should be aware of.
After over five years of preparation, Canada deposited an instrument of accession to the Madrid Protocol with WIPO on March 17, 2019.
Effective June 17, 2019 Canada will finally become a member of the Madrid System. What does this mean for Canadians and Foreign trademark holders looking to register in Canada?
Effective June 17, 2019, Canada’s Trademarks Act (“Act”) will see some noticeable changes, and these amendments will significantly alter the landscape in Canada regarding filing applications, registrations, and renewals. Owners of Canadian Trademark Registrations, applicants in pending applications, and potential new applicants should carefully assess and review their options going forward.
Use has long been an integral component required to obtain, maintain and enforce registered trademarks in Canada.
Prior to June 17, 2019, applications for registration of a trademark filed in Canada required the identification of one or more basis of registration typically selected from proposed use in Canada, actual use in Canada, or registration and use in a foreign country of origin. If an application was based on proposed use, registration would not be granted until a declaration of use in Canada had been submitted. After June 17, 2019 an applicant no longer needs to identify a basis of registration.
Has Canada done an about face and eliminated use as a requirement for trademark protection in Canada?
The Carson Law team is excited and proud to announce that Erika Warren has successfully passed her bar exam and will officially be joining the firm as a full-fledged lawyer.
Carson IP division leader, James W Carson, provides a basic summary about Patents to help people familiarize themselves with this important tool for protecting ideas and inventions, and developing a solid business strategy.