Intellectual Property
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September 12, 2025
New owner jurisprudence in section 45 proceedings: A fairer approach background
In a previous blog post, Section 45 proceedings and a Change in the Ownership of the Mark, we dealt with a decision of the Federal Court that considered the impact of the special circumstances exception in s. 45 proceedings where there has been a change in the ownership of the mark.
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September 10, 2025
New OBA president hopes to bring ‘more conversational experience’ to position
The Ontario Bar Association (OBA) has a new leader at its helm. Katy Commisso took over the top job from former president Kathryn Manning at the beginning of September after serving a term as the first vice-president of the OBA, which is the professional association for Ontario's lawyers, judges and law students. She will serve for the 2025-26 term. Commisso, a native of Burlington, Ont., said she did not grow up wanting to be a lawyer.
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September 08, 2025
Court restores denial of patent reinstatement, affirms patent agent due care obligation
The Federal Court of Appeal has restored a decision denying a request to reinstate a patent application, confirming that the obligation to exercise due care to prevent patent abandonment applies to both the applicant and its patent agent.
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September 03, 2025
Legal experts & advocates push PM Carney for urgent action to secure Canada’s ‘digital sovereignty’
Legal experts, advocacy organizations and prominent Canadians are asking Ottawa to urgently legislate and implement measures to counter the digital risks to Canada’s autonomy and democracy posed by artificial intelligence (AI), foreign interference and U.S. tech giants’ dominance of domestic digital infrastructure.
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September 03, 2025
Federal Court upholds Trademarks Opposition Board decision in Sage dispute
In late July, the Federal Court of Canada dismissed the University of British Columbia’s appeal of a Trademarks Opposition Board decision concerning UBC’s opposition to a trademark registration by Sage Dining Services Inc., which is a food services company.
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September 02, 2025
Federal Court of Appeal allows Bell to amend counterclaim in $400M copyright dispute
The Federal Court of Appeal has allowed Bell Canada to amend its counterclaim in a copyright dispute with a group of film studios, reversing a lower court’s decision to strike parts of Bell’s pleading alleging misuse of copyright enforcement without leave to amend.
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September 02, 2025
LSM annual report a ‘comprehensive’ look at fiscal year, road ahead: president
As Manitoba’s law society takes stock of its most recent fiscal year, the regulator’s new president aims to continue the work of minding lawyers’ well-being as part of a new strategic plan. Law Society of Manitoba (LSM) president Kyle Dear recently sat down with Law360 Canada to discuss the recent release of the law society’s 2025 annual report — a 31-page snapshot of the regulator’s latest fiscal year, which ran from April 1, 2024, to March 31, 2025.
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September 02, 2025
Carefully consider an appeal from Trademark Opposition Board
The Federal Court has confirmed that in the absence of new material evidence, a determination of the Trademark Opposition Board (TMOB) will frequently be reviewed in a deferential fashion.
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August 29, 2025
‘Right to be forgotten’ privacy issues under PIPEDA and Charter heading to Federal Court
Does Parliament’s private-sector privacy law protect the “right to be forgotten”? That question, at least in part, is now headed to Federal Court, following a groundbreaking determination this week by Canada’s privacy commissioner that Canadians have a right under the federal Personal Information Protection and Electronic Documents Act (PIPEDA) — in some circumstances and when certain criteria are met — to have online material about them delinked from their names (“de-listed”) so that published material is not listed in search engine results when their name is searched.
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August 28, 2025
Federal Court of Appeal upholds $250K punitive damages for misleading conduct in patent dispute
The Federal Court of Appeal has upheld an order requiring an Ontario dairy company and a contractor to pay nearly $400,000, including $250,000 in punitive damages, for building cooling cells that infringed a French firm’s patent.