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ARTICLE · 03 APRIL 2014

Trade-Marks 2013: The Canadian Year In Review

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The past year was a busy one with a number of interesting trade-mark cases decided in the Federal and the provincial courts.

CanadaIntellectual Property
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The past year was a busy one with a number of interesting trade-mark cases decided in the Federal and the provincial courts.  The year ahead also promises to be a busy one with important legislative changes on the way.  This paper touches on some on the more interesting developments.

Interlocutory Injunctions

For parties seeking an interlocutory injunction, the Federal Court has not been a  friendly place over the past 20 years. Parties seeking interlocutory relief have had more success in the provincial courts.

The British Columbia Court raised eyebrows when it granted an interlocutory injunction in a passing off action restraining the defendant from using the word "Woodpecker" in association with the sale of hardwood flooring even though the defendant had a trade-mark registration for WOODPECKER for use in association with hardwood flooring.1

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