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Articles by Amy Grenon
Aird & Berlis Trademark Practice and Practitioners Recognized in 2024 WTR 1000
Aird & Berlis is proud to be recognized in the 2024 edition of World Trademark Review 1000: The World’s Leading Trademark Professionals at both the firm and individual levels. Timothy Lowman, head of the firm’s Intellectual Property Group, and partner Amy Grenon are recommended as experts in enforcement and litigation. Fellow partners in the IP Group, Grant Cansfield and Ken Clark are noted as leading individuals in prosecution and strategy.
Abuse Of Process: Federal Court Of Appeal Clarifies Application In PM(NOC) Proceedings
In the recent decision of Janssen Inc. v. Apotex Inc., the Canadian Federal Court of Appeal ("FCA") declared a subsequent action brought under the Patented Medicines (Notice of Compliance) Regulations (the "Regulations") to be an abuse of process because the generic defendant could have raised allegations of patent invalidity in earlier proceedings but chose not to do so.
Abuse of Process: Federal Court of Appeal Clarifies Application in PM(NOC) Proceedings
In the recent decision of Janssen Inc. v. Apotex Inc., the Canadian Federal Court of Appeal (“FCA”) declared a subsequent action brought under the Patented Medicines (Notice of Compliance) Regulations (the “Regulations”) to be an abuse of process because the generic defendant could have raised allegations of patent invalidity in earlier proceedings but chose not to do so.
Abuse of Process: Federal Court of Appeal Clarifies Application in PM(NOC) Proceedings
In the recent decision of Janssen Inc. v. Apotex Inc., the Canadian Federal Court of Appeal (“FCA”) declared a subsequent action brought under the Patented Medicines (Notice of Compliance) Regulations (the “Regulations”) to be an abuse of process because the generic defendant could have raised allegations of patent invalidity in earlier proceedings but chose not to do so.
Reduction In Extensions Of Time Available In Trademark Oppositions And Section 45 Proceedings
On December 1, 2023, the Canadian Trademark Opposition Board (the "Board") reduced the extensions of time available in section 45 proceedings and trademark opposition proceedings by as much as 50 per cent. While these changes are intended to facilitate more efficient proceedings and help alleviate existing backlogs and wait times, they also reduce preparation time for the parties involved.
Reduction in Extensions of Time Available in Trademark Oppositions and Section 45 Proceedings
On December 1, 2023, the Canadian Trademark Opposition Board (the “Board”) reduced the extensions of time available in section 45 proceedings and trademark opposition proceedings by as much as 50 per cent. While these changes are intended to facilitate more efficient proceedings and help alleviate existing backlogs and wait times, they also reduce preparation time for the parties involved.
Canadian Federal Court Of Appeal Maintains Finding Of Confusion, Despite Co-Existence Agreement
A recent Canadian Federal Court of Appeal decision maintained a finding of likelihood of confusion between two non-identical marks, despite a co-existence agreement between the owners of the marks. The court also commented on the limits of evidence concerning the state of the Register of Trademarks (the "Register") in overcoming confusion objections. This decision offers guidance for brand owners when approaching issues of co-existence and evaluating the state of the Register in Canada.
Canadian Federal Court of Appeal Maintains Finding of Confusion, Despite Co-Existence Agreement
A recent Canadian Federal Court of Appeal decision maintained a finding of likelihood of confusion between two non-identical marks, despite a co-existence agreement between the owners of the marks. The court also commented on the limits of evidence concerning the state of the Register of Trademarks (the “Register”) in overcoming confusion objections. This decision offers guidance for brand owners when approaching issues of co-existence and evaluating the state of the Register in Canada.
From Logo To No-Go: Understanding The Risks Of Refreshing Branding
Businesses frequently update and refresh their branding with the aim of maintaining brand recognition while creating a modern look and feel to keep or gain consumer interest. While there may be significant marketing advantages to a branding refresh, businesses should take care to ensure that any branding update is done in lockstep with their trademark strategy.
From Logo to No-Go: Understanding the Risks of Refreshing Branding
Businesses frequently update and refresh their branding with the aim of maintaining brand recognition while creating a modern look and feel to keep or gain consumer interest. While there may be significant marketing advantages to a branding refresh, businesses should take care to ensure that any branding update is done in lockstep with their trademark strategy.
Canadian Trademark Service Fees Are Increasing In 2024: Consider Paying Fees In Advance
Effective January 1, 2024, the Canadian Intellectual Property Office (CIPO) will implement a fee increase for most trademark services. Although the existing fee structure will be maintained, the majority of fees are set to rise by 25 percent, subject to certain exceptions. To capitalize on cost savings, it is strongly recommended to review trademark portfolios for possible filings, renewals, and other tasks that can be completed before the new fees take effect.
Canadian Trademark Service Fees Are Increasing in 2024: Consider Paying Fees in Advance
Effective January 1, 2024, the Canadian Intellectual Property Office (CIPO) will implement a fee increase for most trademark services. Although the existing fee structure will be maintained, the majority of fees are set to rise by 25 percent, subject to certain exceptions. To capitalize on cost savings, it is strongly recommended to review trademark portfolios for possible filings, renewals, and other tasks that can be completed before the new fees take effect.
Canadian Industrial Design Fees Are Increasing in 2024: Consider Paying Fees in Advance
On January 1, 2024, fees that are payable to the Canadian Intellectual Property Office (CIPO) for industrial design applications and registrations will increase by at least 25 percent.[1] To save costs, applicants and registrants may consider taking certain steps and paying certain types of fees in the 2023 calendar year, before the fee increases take effect. The below table summarizes the fee increases in 2024 for commonly paid fees.
Aird & Berlis Partners Recognized as 2023 IP STARS
We are proud to share that three of our intellectual property lawyers have been recognized in the 2023 edition of IP STARS, Managing Intellectual Property’s guide to the world's leading IP firms and practitioners. Timothy Lowman and Ken Clark are recognized as Trademark Stars and Amy Grenon is recognized as a Patent Star. Timothy Lowman is head of the firm’s Intellectual Property Group.
Another Step Towards Equality in Sport: A New Professional Women’s Hockey League
Home > Insights > News > Another Step Towards Equality in Sport: A New Professional Women’s Hockey League In a historic day for equality in sport, the Mark Walter Group and Billie Jean King Enterprises (the “Investor Group”) announced on June 30,2023, that a single viable professional women’s hockey league in North America, featuring the best women hockey players in the world, will launch in 2024.
Federal Court Expunges Licensee’s Trademark Registrations for Bad Faith
The Federal Court recently expunged a sublicensee’s registration of the brand owner’s trademarks on the basis of bad faith and awarded punitive damages to the brand owner. Blossman Gas, Inc. v. Alliance Autopropane Inc., 2022 FC 1794 is one of the few successful trademark expungements on bad faith grounds, for which the courts have imposed a high bar. The ALLIANCE AUTOGAS Trademark Blossman Gas, Inc.
Ghost In The Well: Court Expunges Registration Of A Competitor's Trademark
Canada: Ghost In The Well: Court Expunges Registration Of A Competitor's Trademark 15 April 2022 by Amy Grenon and Lawrence Veregin Aird & Berlis LLP Your LinkedIn Connections with the authors Canada's Trademarks Act was amended in 2018 to include an additional basis upon which to invalidate a registered trademark: bad faith.
Five strategies to ensure your intellectual property is in order
You must correct or enter the following before you can sign up: Please provide a valid email: Select more newsletters to receive Business Civil Litigation Criminal Family Immigration In-House Counsel Insurance Intellectual Property Labour & Employment Natural Resources Personal Injury Real Estate Tax The Complete Brief (all items published the previous day) Wills, Trusts & Estates LexisNexis may contact you in your professional capacity with information about our other products, services and...
Spring Cleaning: Getting Your IP House In Order
Canada: Spring Cleaning: Getting Your IP House In Order 01 April 2022 Aird & Berlis LLP Your LinkedIn Connections with the authors The snow is melting and the days are getting longer. Spring is here. Over the coming weeks, many people will conduct a thorough cleaning of their homes and get their outdoor spaces ready for summer.
Whose Liability Is It Anyway? The Court Clarifies The Burden In Summary Trials And Infers Inducement
To print this article, all you need is to be registered or login on Mondaq.com. In Janssen Inc. v. Pharmascience Inc., 2022 FC 62, the Federal Court highlighted two important issues: the burden in summary trial proceedings and the evidentiary burden for proving inducement of patent infringement.
The Markman And The Grandfather: Federal Court Determines Claim Construction By Partial Summary Judgment And Interprets The Prior Use Defence
Canada: The Markman And The Grandfather: Federal Court Determines Claim Construction By Partial Summary Judgment And Interprets The Prior Use Defence 25 January 2022 by Amy Grenon and Lawrence Veregin Aird & Berlis LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. In Kobold Corporation v.
NATIERRA: Presenting Fresh Evidence On Appeal
To print this article, all you need is to be registered or login on Mondaq.com. A recent decision of the Federal Court, Brandstorm, Inc. v Naturally Splendid Enterprises Ltd., 2021 FC 73, has confirmed that where "sufficiently substantial and significant" evidence is presented on review, the appeal of a decision of the Registrar of Trademarks (the Registrar) pursuant to section 56(5) of the Trademarks Act (the "Act") can be done de novo.
NATIERRA: Presenting Fresh Evidence on Appeal
A recent decision of the Federal Court, Brandstorm, Inc. v Naturally Splendid Enterprises Ltd., 2021 FC 73, has confirmed that where “sufficiently substantial and significant” evidence is presented on review, the appeal of a decision of the Registrar of Trademarks (the Registrar) pursuant to section 56(5) of the Trademarks Act (the “Act”) can be done de novo. Background On July 16, 2013, Naturally Splendid Enterprises Ltd.
Federal Court Upholds Patent Validity And Issues Declarations Of Infringement Against Two Generic Apixaban Tablets
To print this article, all you need is to be registered or login on Mondaq.com. In one of its first patent decisions of 2021, the Federal Court tackled arguments regarding the relevant date for insufficiency allegations and the level of disclosure required for demonstrated utility. The Court resolved these and other issues in the patentees' favour, granting declarations of infringement against two proposed apixaban generics.
Federal Court upholds patent validity and issues declarations of infringement against two generic apixaban tablets
In one of its first patent decisions of 2021, the Federal Court tackled arguments regarding the relevant date for insufficiency allegations and the level of disclosure required for demonstrated utility. The Court resolved these and other issues in the patentees’ favour, granting declarations of infringement against two proposed apixaban generics. Background ELIQUISTM (an blood thinner) is marketed in Canada by Bristol-Myers Squibb Canada Co. Pharmascience Inc. and Sandoz Canada Inc.
Divided Success In PM(NOC) Actions Regarding Glatiramer Acetate
To print this article, all you need is to be registered or login on Mondaq.com. The Federal Court has decided two infringement actions concerning glatiramer acetate products under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). The Court dismissed allegations of anticipation based upon "speculative" prior art and rejected an argument that there was insufficient disclosure to satisfy the test for sound prediction.
Federal Court Determines That Infringement Action Under PM(NOC) Regulations Is Not Moot Where Trial Proceeds After Patent Expiry
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Federal Court determines that infringement action under PM(NOC) Regulations is not moot where trial proceeds after patent expiry
On May 22, 2020, the Federal Court granted a motion seeking an order that the issue of infringement in an action brought pursuant to section 6 of the Patented Medicines (Notice of Compliance) Regulations (Regulations) would not be moot notwithstanding that the trial was set to proceed after the expiry of the relevant patent.
Be Careful How You Ask – Canadian Court Considers Demand Letters - Intellectual Property - Canada
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No Leave Required For Experimental Testing Conducted Prior To Litigation - Intellectual Property - Canada
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Be careful how you ask – Canadian court considers demand letters | LexBlog
In the recent decision, Fluid Energy Group Ltd v Exaltexx Inc, 2020 FC 81, the Canadian Federal Court granted an interlocutory injunction prohibiting a plaintiff patent holder in a patent infringement action from sending cease and desist letters to suppliers associated or involved with the defendant alleged infringer.
No leave required for experimental testing conducted prior to litigation
The Federal Court of Appeal (FCA) has decided that the Federal Court’s Notice to the Profession regarding experimental testing (the Notice) does not apply to testing conducted in advance of litigation. As a result, parties wishing to lead evidence of pre-litigation testing at trial are not required to obtain leave of the Court. Background This decision was rendered in the context of actions for patent infringement under the Patented Medicines (Notice of Compliance) Regulations. Bayer Inc.
PM(NOC) Statutory Deadlines Still Applicable
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Online Brand Management: Avoiding Toxic Social Influencers
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
PM(NOC) Statutory Deadlines Still Applicable
As we reported, the Federal Court (FC) has suspended its hearings scheduled between March 16, 2020 and April 17, 2020 (the Suspension Period) sine die. Proceedings brought in accordance with the Patented Medicines (Notice of Compliance) Regulations (Regulations) fall under the FC’s jurisdiction. However, certain deadlines related to these proceedings are set by the Regulations themselves. Such ‘statutory’ deadlines are not subject to the FC’s Suspension Period.
Online Brand Management: Avoiding Toxic Social Influencers
Online brand protection must be taken into consideration, particularly when faced with changing consumer behavior, market uncertainty and rampant misinformation. Social influencers with large audiences that value their opinions on consumer products and health regimes are a valuable tool for companies and governments looking to reach large online communities quickly.
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