December 2009
11 posts
Summary judgment rule change
The Federal Courts of Canada have released new SJ rules as advertised in the Courts’ Notice to the profession dated December 17, 2009. The RIAS indicates that one of the major additions is the new summary trial procedure, patterned after the BC rules (similar new rules are coming to Ontario in January - see the changes to Rule 20 as described here by Watson & McGowan).
Highlights of the...
Two holiday dot-ca decisions
In two recent cases, arbitrators deciding under the CDRP came to different conclusions. In hasbro.ca, the sole panelist ordered a transfer of the domain name from a cybersquatter to Hasbro Inc. But, in familyhonda.ca, the three-member panel rejected a transfer finding that the complainant car dealership had failed to prove any pre-existing rights in the trade-mark.
Vancouver Twenty-Ten
The Canadian Trademark Blog reports that Mukmuk the friendly marmot (pictured above) and his friends, the Olympic mascots, now have their names protected by recent amendments to the Olympic and Paralympic Marks Act. On December 24th, the federal cabinet added 38 new marks (4 words and 34 graphic designs) to the list of prohibited marks. Such marks are prohibited them from being used by any person...
HST and patent royalties
The new harmonized sales tax (HST) is coming into effect in Ontario and British Columbia on July 1, 2010. A guidance document published on the Canada Revenue Agency website clarifies the transition rules through the use of the following example:
“You sold a patent to manufacture widgets and receive fixed annual royalty payments in respect of the sale. A royalty payment becomes due on June...
Package 1 of the new Patent Rules comes in to...
A CIPO news item refers to the publication of the rules in Part II of the Gazette on December 9, 2009. According to the news item, the rule change will achieve a number of ends including:
Simplify the definition of the term “description”;
Clarify the purpose of section 16(4);
Consolidate provisions that address the establishment of a filing date;
Clarify the confidentiality...
redbrickpizza.ca transferred
Redbrick Pizza’s CDRP complaint was decided in favour of the complainant on November 23, 2009. The panelist hearing the case ordered a transfer of the domain name redbrickpizza.ca to the operator of a chain of pizza restaurants.
The CDRP panelist accepted evidence that the registrant was a serial cybersquatter. The 3-part test (confusing similarity with the complainant’s mark, bad...
Revised MOPOP chapters - a first look
CIPO’s consultation has resulted in very few changes to the new MOPOP chapters 12 and 13. IPIC’s submission, echoed by others, which called for the scrapping of the new “field of technology” requirement, “form and substance” examination and examination for “contribution” was rejected without comment.
In the new Chapter 12 on subject matter, CIPO has...
CIPO issues final revised MOPOP chapters
According to a news item posted on the news page, revised chapters have been issued with a December 2009 effective date. The new chapters include:
Chapter 12 of the MOPOP on the subject of Subject-Matter and Utility
Chapter 13 of the MOPOP on the subject of Examination of Applications
It’s not immediately clear how the chapters have been revised in response to the submissions...
Amazon 1-click appeal memo
The applicant’s appeal memo has been filed. Highlights from the memo include:
“The Commissioner’s decision to reject the ‘933 Application is wrong in law. The Commissioner relies upon inapplicable foreign law, and misstates and misapplies the binding jurisprudence of the Canadian courts on point (including the Supreme Court). In doing so, the Commissioner creates a new...
RIM facing prospect of ITC import ban
http://www.bloomberg.com/apps/news?pid=20601082&sid=aVDBEtJtj0QQ
“Please stop the theatrical swaying of your glasses and trying to influence this...”
– Robert Armstrong, lawyer for Porter Airlines, during cross-examination of Porter chief executive officer Robert Deluce. http://www.theglobeandmail.com/report-on-business/industry-news/the-law-page/one-airlines-fair-play-is-anothers-favouritism/article1384764/