Top Trademark Cases In 2017

There are many decided cases each year concerning trademarks. Many of the cases involve a determination of the potential for confusion between competing marks and turn on their own facts. However, there are cases that provide help to lawyers and agents and their clients in assessing their rights. 2017 produced a number of interesting cases which provide insights concerning the granting of injunctions, the impact of the Google AdWords and AdSense programs, carrying out a confusion analysis, the distinctiveness of pharmaceutical marks, showing trademark use and proving passing off. A summary of key cases follows.

1. In Sleep Country Canada Inc. v. Sears Canada Inc.¹ granted an interlocutory injunction on the basis, among others, that there was no possibility of quantifying the plaintiff's losses and that they were irreparable.