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Trademarks In 2020: A Look Back At The Most Notable Canadian Trademark Cases And Developments - Intellectual Property

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There were several notable trademark cases in Canada in 2020,
including those addressing comparative advertising, depreciation of
goodwill, brand parody, trademark use in the absence of a
brick-and-mortar location, and potential claims by exclusive
distributors against importers of grey market goods. Additionally,
major developments involve the Trademark Office s issue of new limits on extensions of time for
responding to an Office Action, as well as the availability of expedited examination for trademark
applications where the goods or services are for the prevention
or treatment of COVID-19. ....

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Canadian Trademark Law: 2020 Year In Review - Intellectual Property

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Canadian courts provided important guidance on some key
trademark issues in 2020. A number of these notable decisions are
discussed below.
A Registration is a Trump Card
The Federal Court of Appeal in
In 2017, the Federal Court of Appeal held Travelway liable for
passing off even though it was using its own registered marks, and
referred the matter back to the trial court to determine if the
Travelway registrations should be expunged. The trial court
determined that they should:
. it must be implied that the Federal Court of Appeal ....

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