Until recently, opposition and administrative cancellation proceedings in Canada have been particularly lengthy. It was not uncommon to see decisions being issued in non-use cancellation proceedings before the Canadian Trademarks Opposition Board (TMOB) 3-4 years after their start. Similarly, in many cases decisions in opposition proceedings would issue 5-6 years after the end of the initial 2 month period to oppose. This is not because these types of proceedings are particularly cumbersome in Canada. Contrary to US oppositions there is no discovery in oppositions and administrative cancellation proceedings, only cross-examinations on affidavit are possible. The availability of very generous extensions of time and long delays to set a hearing or to render a decision on the basis of a written record explain most of these delays. This is changing rapidly.
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Art, Technology & the Law : NFTs and Trademark Infringement – Real-World IP Rights in the Virtual Space?
This year, we are increasingly seeing how real world IP rights can be protected and enforced in the ever-expanding virtual world. Case law, especially in the United States, is developing how digital assets are bound by real-life intellectual property law. In particular, we have kept an eye on two cases of trademark infringement involving the sale of non-fungible tokens (NFTs): Hermès v Rothschild and Yuga Labs v Ryder Ripps.
Continue readingIs Mariah Carey the QUEEN OF CHRISTMAS®? Not according to the US Trademark Office!
Mariah Carey wrote and recorded one of the world’s most well known Christmas songs, ALL I WANT FOR CHRISTMAS IS YOU. Originally released in 1994, it has become a staple of holiday music playlists; the song has reported earned over $60 million in royalties. In view of this, Mariah Carey could arguably call herself the QUEEN OF CHRISTMAS, right?
Continue readingThe Day of Reckoning for Official Marks – Coming Soon!
Official marks are an exotic species in the world of trademarks and a purely Canadian invention. They will soon become more vulnerable than ever due to the coming into force at some point in 2023 of a new provision of the Trademarks Act allowing third party challenges.
Continue readingTrademark Protection within Blockchain Domains
Companies owning trademarks should reserve their trademarks with blockchain naming systems. The risk of infringement of blockchain domain names is real and remedies are limited at this time. Thus, it becomes essential to protect the intellectual property rights of companies preventively within the blockchain ecosystem.
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