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Inside Internal Controls

News and discussion on implementing risk management

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trademarks

Using your competitor’s trademarks as keywords? Proceed at your own risk

The Court of Appeal for British Columbia has issued an injunction restraining a party from using its competitor’s trademarks in its keyword advertising. While the Court of Appeal stopped short of finding that bidding on keywords in and of itself is contrary to the Trade-marks Act, it did find that in this case, the Defendant’s use of the Plaintiff’s trademarks as keywords in the visible text of its sponsored link was a misrepresentation likely to cause confusion to the public.

 

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Canada’s proposed new trademarks regulations

The Canadian Intellectual Property Office has released a first draft of the Regulations that will support our new Trademarks Act now scheduled to come into force in early 2019. The consultation period for these new Regulations will expire July 21, 2017 and will be followed by a further consultation term in late 2017 or early 2018.

 

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Business trademarks may be displayed in Quebec in a language other than French

On April 9, 2014, the Quebec Superior Court ruled that businesses in Quebec may continue to display their trademarks on public signs outside their premises in a language other than French if no French version of the trademark has been registered.

 

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Bill aims to curtail trade in counterfeit goods

The federal government has introduced a Bill to make it more difficult to export, import and sell counterfeit goods, and to expand on what may be registered as a trademark and simplify the registration process. The proposed Combating Counterfeit Products Act (Bill C-56) would amend the Copyright Act, the Trade-marks Act, the Criminal Code of Canada and other Acts.

 

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Upcoming changes to the Uniform Unclaimed Intangible Property Act

The Canadian government established the Unclaimed Intangible Property Actin 1989 to create legislation around reuniting people and corporations with their unclaimed property, but that statute was not proclaimed in force. The Uniform Unclaimed Intangible Property Act, which arose in 2003, was created as model for each province in Canada to use as needed to design their own legislative framework for unclaimed property law.

 

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New copyright bill tabled

For those of you haven’t been following the contentious reform of the existing and antiquated Copyright Act, this is the fed’s third crack at it. The Liberals tabled Bill C-60 in 2005, which was criticized for favouring the interests of copyright holders over consumers and died when Parliament was dissolved that year. The Conservatives tried again with Bill C-61 in 2008. It faced the same complaints, and disappeared when the government prorogued.

 

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