Author: Isabelle Kalar

About Isabelle Kalar

Isabelle Kalar joined the Fasken team in 2020 after completing her combined J.D./Bachelor of Law at Université de Montréal. She is now working on a Master’s degree in Comparative Law in intellectual property.

Trademark Year in Review: Notable Trademark Decisions in 2021

(French version available at bottom of article)

The past year has brought forward several important decisions in Canada trademark law. From depreciation of goodwill claims, objections founded on bad faith and lack of distinctiveness, several cases have highlighted certain challenges that trademark owners may face in enforcing their rights.

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Lavigne (Valmedia) v. 9061-6632 Québec inc.: Infringement of moral rights will not go unpunished

court house

(French version available at bottom of article)

True to its continental European heritage, Canada has a strong regime for the protection of moral rights. This includes the inalienable right of creators to be associated with their work as its author and to protect its integrity, notwithstanding any assignment of economic rights. These rights have been recognized in Canada under the Copyright Act (the “Act”) since 1931 and have been repeatedly recognized in past decisions of the Supreme Court of Canada1.

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