Tag Archives: Trademarks

Global Injunction

The Supreme Court of Canada issued its decision today in Google Inc. v. Equustek Solutions Inc., 2017 SCC 34, with the majority holding in the 7-2 decision that the trial judge should be given deference in determining an interlocutory injunction, and where it is necessary to ensure the injunction’s effectiveness, a court can grant an injunction enjoining conduct anywhere in the world, including in this case against third-party Google. The underlying proceeding related to passing off and trade secret infringement by a defendant which was conducted outside B.C. through a series of changing websites.

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Disparaging Marks

Yesterday, the United States Supreme Court issued its decision in Matal v. Tam where the US Patent and Trademark Office had denied an application for “The Slants” under a Lanham Act provision prohibiting the registration of trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute” any “persons, living or dead.”  The court held that the disparagement clause violates the First Amendment’s Free Speech Clause. (link)

CETA

Bill C-30, the CETA implementation legislation received royal assent today. The Bill includes amendments to the Patent Act, regarding supplementary protection for pharmaceutical products and altering patent linkage system, and to the Trade-mark Act regarding geographic indicators with grounds of opposition and certain exceptions for prior use, acquired rights and generic terms. Amendments are also proposed to a number of other acts. Implementation regulations are expected any day.

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Extraterritorial Injunctions

The Supreme Court of Canada will hear arguments in Google Inc. v. Equustek Solutions Inc., et al on Tuesday, December 6th at 9:30, which will be webcast. The proceeding arose as a trademark and trade secret proceeding in which the court granted an injunction against the third party, Google, displaying certain search results globally. Continue reading Extraterritorial Injunctions