By Marc Lampert and Ammar Kalanaki Recent amendments to the Patent Rules will come into force on October 3, 2022 and introduce (1) excess claim fees, and (2) a request for continued examination (RCE) practice; among several other amendments. The new Rules will apply to any application for which a request …
Claiming use goes as a trademark filing basis in Canada
In the Federal Court decision of Metro Brands S.E.N.C. v. 1161396 Ontario Inc. 2017 FC 806, at issue was whether showing use in association with a trademark is only required for the general classes of goods or whether there needs to be use of each of the specific claimed goods …
Netflix takes ‘softball’ approach with Stranger Things pop-up bar
Though companies have traditionally been counselled to aggressively monitor and enforce their intellectual property, some are taking other approaches in an effort to earn positive publicity, especially where circumstances of the infringement are more minor, Toronto intellectual property lawyer Erika Murray tells AdvocateDaily.com. Read more…
Trademark Lawyers And Celebrity Culture
Being a public persona is hard work and often involves the help of a diligent trademark lawyer. In the United States, some of the most talked-about celebrities have been employing the help of trademark lawyers to protect their name – and the lucrative business that comes with the brand – …
Identifying gaps in fostering tech commercialization
Incubators and accelerators are helping start-up companies across the country, but Toronto intellectual property lawyer Erika Murray suggests more can be done to support tech entrepreneurs in their quest to innovate and commercialize. “The company start-up process involves creativity and some kind of ingenuity,” she tells AdvocateDaily.com. “It starts with …
SCC Renders Decision Against Google
A Supreme Court of Canada (SCC) ruling ordering search engine giant Google to remove the web pages of a company found to be duplicating a technology firm’s products will have a global impact, says Toronto intellectual property lawyer Erika Murray. “The unprecedented decision will have implications for IP (intellectual property) holders around the world and online …
Canada’s AI vision must safeguard intellectual property
For Canada to cement its position as a leader in machine learning-based artificial intelligence (AI), it must progress its efforts to protect the associated intellectual property (IP), Toronto intellectual property lawyer Erika Murray tells AdvocateDaily.com. AI is expected to play a significant role in both the workplace and society in …
3 Things Every Trademark Search Needs to Cover
A trademark search is an effective way of seeing the listings of existing trademarks in Canada. Given there are thousands of trademark applications per year and growing, this can seem a little daunting. Luckily, there are many ways to conduct a search starting with preliminary online tools. For a more …
The Dos and Don’ts of Registered Trademarks
When you think of trademarks, what comes to mind? Probably an assortment of symbols, each evoking a particular large company brand identity with its respective qualities. The value of these associations is obvious. Certainly, one role of a trademark is to represent this defining aspect of branding – i.e. trademarks …
Great branding sells: American Apparel’s big IP payoff
Entrepreneurs can learn important lessons on the value of good branding from T-shirt maker Gildan Activewear Inc.’s $88 million purchase of American Apparel, says Toronto intellectual property lawyer Erika Murray. The Montreal-based clothing company will acquire the intellectual property rights related to the American Apparel brand, but not its 110 …