References in periodicals archive ?
On the issue of Section 16(1) of the Trade-marks Act, the Court considered whether the Jaymei Mark was registerable on the basis that it was not confusing with a mark that had been previously used or made known in Canada.
Lemieux determined that it was not necessary to address the issue of confusion if the first part of the test in Section 16(1) of the Trade-marks Act, that the mark in question had been used or made known in Canada at the relevant time, had not been established.
The Court's comments also provide some guidance for trade-marks owners, specifically: retain records of the use of owned trade-marks in perpetuity and ensure that such specimens are dated and remember that marketing information is insufficient to establish the use of a trade-mark in association with wares.
18) Not surprisingly, there are a significant number of decisions in the United States relating to the relationship between the unauthorized use of trade-marks and the freedom of speech.
If a person's parody reference to the trade-marks of another creates no more than a moderate likelihood of confusion, trade-mark liability may be avoided.
Domain names comprising famous trade-marks combined with the word "nude" or "sex" are subject to an analysis similar to the "sucks" names, but UDRP panels are more likely than courts to find possible confusion, because words like "sex" are not as obviously dissociated from the trade-mark owner as "sucks".
Moreover, if a party cannot achieve distinctiveness by foreign use of its mark, then foreign trade-marks will have significant difficulty in achieving or maintaining registration in Canada.
On the contrary, the Court finds that this argument ignores the conditions for registration of foreign registered trade-marks found in Section 14 of the Act.
Following a successful ruling over the World Wrestling Entertainment (WWE) in Canada, CelebDirect (Pink Sheets:CELI) believes it has identified a number of additional trade-mark infractions regarding its trade-mark "In the Raw[R]" in Canada.
The Canadian Intellectual Property Office (CIPO) Opposition Board issued its decision on June 18, 2008 and denied the WWE's "RAW" trade-mark for the wares and services listed below.
All other companies and products listed herein are trade-marks or registered trade-marks of their respective holders.
CelebDirect acquired the Canadian registered trade-mark "In the Raw[R]" from Danny Alex.
The 23 page ruling was dated June 18, 2008 with the result the World Wrestling Entertainment's Canadian trade-mark application 1,153,018 for "Raw" was denied for the following wares: