The Angle Blog | Trends, analysis and insights in IP Law

Analysis, Canada, Copyrights, Intellectual property, Patent Prosecution, Trademark

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

May 17, 2022 Nicolas Charest, Michael Shortt and Brooke Naomi Levy

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.

Analysis, Intellectual property, Patents, Trademark

Introduction to Trademarks – the Basics

May 11, 2022 Roger Kuypers and Janine MacNeil

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.

Analysis, IP Litigation

Sedona Conference 2022: Practical Recommendations on Protecting Trade Secrets in Litigation

May 9, 2022 Jules Arseneault, Nicolas Charest and Jason Markwell

The Sedona Conference Working Group recently issued some practical recommendations in their publication “Commentary on Protecting Trade Secrets in Litigation About Them”.^[1]The purpose of this article is to provide a brief overview of the guidelines developed by this group and which we recommend you consider in your current and future litigation.

Analysis, Intellectual property, Patents, Trademark

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

April 26, 2022 Mark Vanderveken and Robert Shek

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.

Copyrights, IP Litigation

The Federal Court of Appeal has spoken: actual damage doesn’t need to be proved in order to obtain statutory damages under the Copyright Act

March 31, 2022 Alexandra Lemelin, Nicolas Charest and Michael Shortt

In its February 2022 decision in RallySport Direct LLC, the Federal Court of Appeal (“FCA”) reiterated and confirmed the principle established in the decision of the Ontario Superior Court in Trader. This Court determined that a copyright owner could claim the statutory damages provided in section 38.1 of the Copyright Act (“Act”), even where there was no monetary damage and no loss of business opportunity.