Bhole IP Law Associate Alessia Monastero co-authors the Intellectual Property Institute of Canada (IPIC) article “Non-Fungible Tokens, Record-Breaking Applications & the Counterfeit Implications of the Metaverse: Part 1” as part of a series of articles prepared by IPIC’s Anti-Counterfeiting Committee related to the evolving digital landscape, highlighting non-fungible tokens, new …
Alessia Monastero to speak at Startup Fashion Week 2022
Bhole IP Law Associate Alessia Monastero will be speaking at Startup Fashion Week’s Business of Fashion Conference on October 12, 2022, discussing the intellectual property protection of fashion designs and best practices for startups when creating their brand and products. For more information and tickets: https://www.eventbrite.ca/e/startup-fashion-weektm-business-of-fashion-conferencetm-tickets-415729146067 Want to learn more about …
Revisions to the Trademarks Act: Official Marks in Canada
The Trademarks Act, R.S.C., 1985, c. T-13, has recently been amended (not yet in force) to create a simple and efficient mechanism to allow the Registrar to give public notice that subparagraph 9(1)(n)(iii) of the Trademarks Act relating to “official marks” does not apply if the entity that made the …
Battle of the Stripes: Adidas versus Thom Browne (Part 1)
On December 14, 2020, Adidas filed an opposition with the United States Patent and Trademarks Trial and Appeal Board against Thom Browne’s US trademark applications for a red, white, and blue parallel stripe for use on footwear. Adidas has opposed the applications, which have been filed on an intent-to-use basis, on the grounds of likelihood of confusion and dilution by blurring.
CULT GAIA REFUSED U.S. TRADEMARK REGISTRATION OF ITS “GAIA’S ARK” HANDBAG DESIGN, DUE TO GENERICNESS AND NON-DISTINCTIVENESS ISSUES
Dubbed as the Instagram “it” bag in 2016, Cult Gaia’s “Ark” bag design was recently refused trademark registration in the United States following the brand’s five-year battle to obtain registration for the design of its bag.
When Culture And Copyright Clash In An UGGly Lawsuit
The “Ugg” phenomena took North America by storm when Oprah Winfrey first endorsed the Ugg boots – furry, cozy, shaggy, and ‘ugly’ footwear. While these unique looking booties were heckled for some time, the footwear eventually became not only mainstream, but also coveted by celebrities and the general public alike. …
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 …
Trademarked Stork Upheld in Canadian Copyright Case
A recent trademark infringement case between Stork Market Inc v. 1736735 Ontario Inc. (Hello Pink Lawn Cards Inc), 2017 FC 779 has resulted in a win for the plaintiff and retribution in the amount of $30,000. The copyright and trademark case deals with competitors in the business of renting and …
Captain Morgan Remains Commander of His Ship
Captain Morgan rum sales to spice up following the company’s successful defense of its design trademarks and distinguishing guise against Admiral Nelson’s spiced rum, barring sales of any bottled products with the patent-infringing Admiral Nelson character. (See: Diageo Canada Inc. v. Heaven Hill Distilleries, Inc.) The trademark infringement decision dated …
The Unicorn of Trademark Infringement Cases
A Local Brooklyn cafe The End (with co-plaintiff Montauk Juice Factory Inc.) recently filed a trademark infringement lawsuit against corporate behemoth Starbucks, claiming that one of their most popular drinks – the Unicorn Latte – was infringed by the release of Starbucks’ limited edition Unicorn Frappuccino. It’s easy to see …