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Passing Off and Trademark Rights: Case law Update
Passing Off and Trademark Rights: Case law Update

Author: Marsha Simone Cadogan The Trademark Act does not prevent businesses from using similar names unless infringement, unfair competition or trademark depreciation can be established.[1] When a plaintiff asserts that another company is passing off…

Can Comparative Advertising Go Too Far? Energizer v Duracell and Trademark Depreciation

Author: Marsha Simone Cadogan, Barrister & Solicitor As a manufacturer, making informed decisions on marketing your products to capture and maintain its market share is essential. The law allows comparative advertising if truthful, not disparaging…

The Franchise Agreement and IP

Marsha Simone Cadogan, Barrister & Solicitor A franchise agreement is a specific contractual relationship in which one entity (the franchisor) allows another (the franchisee) to use its business model as the basis for operating its…

Certification Marks: Ownership and Issues

Author: Marsha Simone Cadogan, Barrister & Solicitor. Certification marks are trademarks that indicate to consumers that a product or service uses defined standards to distinguish its brand from that of others. While a mark may…

Overview of IP Rights: What Your Business Needs to Know

Author: Marsha Simone Cadogan One of the important dynamics of a business strategy involves taking stock of the proprietary interests in the business and ensuring that adequate legal safeguards are in place to sustain its…

Trademark Rights and Domain Name Disputes: Reminders from Parsons

A recently decided Federal Court case (Parsons Inc. v Khan) brings to mind how important it is for businesses to monitor their trademarks in digital platforms, especially as it relates to cyber squatting.

Global IP cases in 2019 and Implications for the future of International IP

To read this article published by the Les Cahiers De Propriete Intellectuelle and written by Marsha Cadogan and Konstantia Koutouki, visit the journal’s website here.

Relationships, issues around intellectual property, emerging technologies

This article was originally published by The Lawyer’s Daily, (www.thelawyersdaily.ca) a division of LexisNexis Canada.” Author: Marsha S. Cadogan | 3 min read What is the relationship between emerging technologies and intellectual property (IP)? Innovations…

Booking.com: Domain Names and Trademark Registration in the United States

In a commercial context, a domain name is often used as a way of identifying and differentiating one business services from that of another on the internet. For example, there are currently over 60,000 .coms registered as trademarks globally (WIPO) and 500 registered in Canada.