We are excited to welcome Dominique Durosier, Legal Assistant and Christina Saunders, Reception/Office Services to the Smiths IP team.
Trademark Law Amendments (Canada)
Two omnibus budget implementation bills (Bill C-31 in 2014 and Bill C-86 in 2018) will result in substantial changes to Canada’s trademarks regime.
Infringing Use as a Defence to Infringement
Can a trademark infringer argue that its own infringing use has rendered the trademark unenforceable?
In Canada, absolutely yes, though the prospects of success in that argument will depend on the facts. A trademark can become unenforceable if it ceases to be distinctive of the owner (s. 18(1)(b), Trade-marks Act).
A Welcome Addition to Smiths IP
Welcome to Anastasiia Tekhteleva, Smiths IP's newest team member!
Anastasiia graduated from Kazan National Research University in Russia with a Master's degree in Chemical Technology.
DMCA Notices Interdict Online Distribution of Infringing Software
Beyond being useful to remove infringing images, videos and articles from web pages, Digital Millenium Copyright Act (“DMCA”) notices can be used to interdict online platforms and fulfilment services that support the distribution and sale of infringing software.