Canmar
5 was a
trend for a day or here to stay. This year, the Federal Court has
seen increased attempts by litigants to resolve matters more
expeditiously by way of dispositive motions. Summary judgment was
granted in three cases
6 and two
motions for default judgment were brought but dismissed based on
insufficient evidence.
ViiV Healthcare Company v. Gilead Sciences
Canada,
8 the Court held that
completion of discoveries is not a precondition to summary trial
such that resolution may be sought at very early stages of the
proceeding.
We saw the Federal Court grant summary disposition to (a)
dispose of claim construction argument,
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2020 has been a difficult year for trademark owners and their
advisors. The pandemic has tested us all in profound and unexpected
ways. We also continue to be faced with unacceptably long
processing delays and waits for hearing dates in the Trademarks
office.
Despite these impediments, there have been several notable
decisions. Decisions have considered the status of official marks,
what is required to show use of a mark in section 45 proceeding,
standard of review in appeals under section 56, the onus in
expungement proceedings under section 57 and the impact of a
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While 2019 was historic in terms of the changes it brought to
Canadian trademark law, 2020 was unprecedented, bringing the world
together in a common quest to combat the COVID-19 pandemic. Yet,
despite considerable turmoil and disruption, Canadian trademark
practitioners remained resilient and active. Many of the amendments
to the Canadian
Trademarks Act, implemented in 2019,
received considerable attention and review by the Examination
Section of the Trademarks Office as well as the Opposition Board.
In addition, the Federal Court and Federal Court of Appeal provided
valuable guidance in several noteworthy decisions. The following