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ARTICLE · 08 FEBRUARY 2017

Trademarks Year In Review 2016

Gowling WLG
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There were a number of developments in Canadian trademark law in 2016 but, of particular interest, were decisions of the Federal Court in the following areas:

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There were a number of developments in Canadian trademark law in 2016 but, of particular interest, were decisions of the Federal Court in the following areas:

  1. Punitive damages in counterfeit cases
  2. Scope of rights in registered mark
  3. Place of origin

Punitive Damages in Counterfeit Cases

In a strongly worded decision, the Federal Court provided the reasons behind its award of $250,000 in punitive damages against repeat offenders selling counterfeit CHANEL products - Chanel S. de R.L. v.  Lam Chan Kee Co. Ltd.1  The decision is good news for brand owners faced with the sale of counterfeit goods in the Canadian market.

In 2015, the Federal Court had before it repeat offenders selling counterfeit CHANEL products.  After a summary trial, the Court rendered judgment against the Defendants and awarded punitive damages of $250,000:2 

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