Market Intelligence

Trademark owners facing expungement for failing to file evidence of use in section 45 proceedings may have recourse through the Federal Court appeal process. The recent Lion Corporation case demonstrates how administrative errors by trademark agents can be remedied, allowing registrants to file additional evidence and potentially reinstate their registrations when the failure was beyond their control.

Is it trademark infringement to put a competitor’s name in a hashtag? What about bidding on search terms or saying a brand name in a video? These digital advertising tactics can improve discoverability and help businesses reach a competitor's audience, but they also come with legal risks

The Federal Court's recent decision in Millennium Funding, Inc. v. Bell Canada marks a pivotal moment in Canadian copyright law, as it allows the novel defence of "copyright misuse" to proceed to trial rather than being struck at the pleadings stage. This case examines whether film production companies misused Canada's notice and notice regime by sending automated, non-compliant notices to intimidate alleged infringers into disproportionate settlements and make exorbitant claims against Internet Service Pro

In Louis Vuitton Malletier SA v. Wang, 2026 FC 1244, the Federal Court found the Defendant, Audrey Wang also known as Ni Ni Yang also known as Ni Yang (Ms. Wang), guilty of contempt for breaching a permanent injunction in the 2019 judgment, Louis Vuitton Malletier SA v. Wang, 2019 FC 1389 (the 2019 Injunction), which prohibited her from infringing Louis Vuitton’s trademarks, depreciating the value of the trademarks, and engaging in passing off. The Court found beyond a reasonable doubt that Ms. Wang offered for sale and sold counterfeit Louis Vuitton goods, notwithstanding her knowledge of the 2019 Injunction.

Canada's intellectual property landscape has undergone significant transformation with the April 2025 trademark amendments, March 2026 CIPO patent guidance on software and AI, and evolving trade secret protections.

Canadian patent law contains distinct procedural and substantive requirements that can significantly affect claim scope, prosecution costs, patent term, and enforceability for foreign companies. Understanding these differences—from software patentability standards to patent term adjustment opportunities—is essential for developing an effective North American IP strategy that maximizes protection while controlling costs.