Top Trademark Cases From The Canadian Courts In 2015

Last year we saw the Canadian Courts release trademark decisions that granted a rare interlocutory injunction, issued jailed sentences for failure to comply with injunctive relief, grappled with trademark and internet issues, considered use and facts that excuse non-use of trademarks or require use of French language terms, and also addressed descriptiveness and non-traditional marks. Here's our pick of 2015's most important Court cases and legislative developments:

Rare Injunction Granted

Jamieson Laboratories Ltd. v Reckitt Benckiser LLC and Reckitt Benckiser (Canada) Limited (2015 FCA 104)

Pre-trial injunctive relief is very rarely granted in Canadian trademark cases, as the harm caused by the infringing activity is generally not seen by the Federal Court to be irreparable in nature. The rather unique facts in this case, where the trademark registration owner had not used the trademark in Canada before the infringement occurred, provided the Federal Court