There are many decided cases each year relating to trademarks.
Many cases involve a determination of the potential for confusion
between competing marks and turn on their own facts. However, there
are decisions that provide help to lawyers and agents and their
clients in assessing their rights.
2018 generated a significant number of trademark decisions which
provide insights relating to the following: the protection
available to weak trademarks or marks that lack inherent
distinctiveness; the importance of acquired distinctiveness and the
impact of online commerce and changes in the way services are
delivered.
In more a litigious context decision considered: the potential
admissibility of survey evidence; the scope of protection available
under section 22 of the Act; claims for passing based on a false
claim of approval or endorsement and claims based on goodwill when
the plaintiff did not carry on business in Canada.
