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ARTICLE · 20 JANUARY 2022

2021 Year In Review: Key Trademark Cases In Canada

Smart & Biggar
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Throughout 2021, the world remained overwhelmingly preoccupied with ending the COVID-19 pandemic. That said, the Federal Court continued to provide guidance to Canadian trademark practitioners...

CanadaIntellectual Property
Smart & Biggar
Smart & Biggar
R. Scott MacKendrick
R. Scott MacKendrick
Mark Robbins
Mark Robbins
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Throughout 2021, the world remained overwhelmingly preoccupied with ending the COVID-19 pandemic. That said, the Federal Court continued to provide guidance to Canadian trademark practitioners in a number of noteworthy decisions. The following represents a summary of our "top picks".

Use of a Parody Trademark may not be a Budding Success

The Federal Court decision in Subway IP LLC v. Budway, Cannabis & Wellness Store, 2021 FC 583 confirms the emerging trend in Canadian courts in finding that the adoption of a parody trademark by a third party serves to depreciate the value of the goodwill attached to a well-known mark.

Subway IP LLC operates sandwich restaurants throughout Canada and is the registered owner in Canada of various trademarks including the SUBWAY logo in green, white and yellow:

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