Category Archives: Trademark

Trademark Owners and Franchisors Beware: in Milano Pizza Ltd. v. 6034799 Canada Inc., Lack of Licensor Control Leads to Invalidation of Trademark

Neon sign of a pizza over a city's view

In its recent Milano Pizza Ltd. v. 6034799 Canada Inc. decision, the Federal Court ordered the expungement of a trademark registration because the plaintiff did not exercise sufficient control over the use of the trademark by its licensees. This decision provides a helpful reminder of the dangers of relying on verbal agreements instead of written trademark licenses, and the need for trademark owners to maintain control over their licensees.

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Introduction to Trademarks – the Basics

As a strong supporter of the food and beverage industry, Fasken is pleased to invite you to view this episode of the Masterclass Series, presented by BC Food & Beverage (BCFB).

This video series features topics that will be of interest to producers, distributors and retailers in BC’s growing agribusiness, food and beverage industry.

Hear from Roger Kuypers and Janine McNeil, Trademark Agents at Fasken who discuss the importance of trademarks and how an effective trademark strategy is critical to your brand’s future growth and success.

Today’s Youth, Tomorrow’s Innovators: Emerging Technologies Present Challenges and Opportunities for the Creation and Protection of IP

Three person are looking at a screen with data

In celebration of this year’s theme for World IP Day, IP and Youth: Innovating for a Better Future, we are exploring the IP implications of emerging technologies that may shape our collective future: (A) artificial intelligence, (B) the metaverse, (C) non-fungible tokens, and (D) clean technologies.

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Virtual reality: navigating trademark challenges in the metaverse

cyber space metaverse concept

Nicolas Charest, Eliane Ellbogen and Simon Hitchens suggest how brand owners can navigate the various challenges they are likely to face when using, protecting and enforcing their trademarks in relation to the metaverse.

Click here to read the complete article on Managing IP.

Learn more about our IP Practice.

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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