Trademark and Copyright

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By: Sangeetha Punniyamoorthy and Aleksandar Kaludjerovic

Trademark applications are generally examined in the order they are received by the Canadian Intellectual Property Office (“CIPO”). The rationale being that examining an application out of order creates…
Continue Reading EXPEDITED EXAMINATION NOW AVAILABLE FOR CANADIAN TRADEMARK APPLICATIONS

Authors: Alexis Fierens, Elisabeth Daem, Emma Stockman

On 17 December 2020, Advocate General (A-G) Szpunar delivered his opinion on the highly anticipated Mircom International Content Management v Telenet and others case (C-597/19) before …
Continue Reading PEER-TO-PEER FILE SHARING, COPYRIGHT TROLLS AND FAIR BALANCING OF RIGHTS KEY TAKE-AWAYS FROM THE OPINION OF A-G SZPUNAR IN THE CJEU MIRCOM V TELENET AND OTHERS CASE

By Keith Medansky, Michael Geller, Ed Chatterton, Niels Mulder, Melinda Upton and Leigh Martin

While the United States Patent and Trademark Office (USPTO) remains open, on March 31, 2020, the USPTO announced certain deadlines may be eligible for an extension if a party cannot meet its obligations due to the coronavirus disease 2019 (COVID-19) outbreak.  Specific deadlines falling between March 27, 2020 and April 30, 2020 may be extended to 30 days from the initial due date if the ultimate filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak.

Acceptable reasons for a delay in filing or payment include that the trademark owner or its attorney, or another person associated with the filing, was personally affected by the virus outbreak, including, without limitation, “office closures, cash flow interruptions, inaccessibility of files or other materials, travel delays, personal or family illness, or similar circumstances, such that the outbreak materially interfered” with the filing or payment.

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Continue Reading USPTO and worldwide trademark offices react to COVID-19 – a summary of affected services and dates

By: Melinda Upton, Jessie Buchan, Valiant Warzecha, and Alexandra Moore 

The Federal Court of Australia (FCA) recently handed down its decision in the case that all Australian burger lovers have…
Continue Reading AUSTRALIAN BURGER CHAIN BITES OFF MORE THAN IT CAN CHEW: LEARNINGS FOR FOREIGN BRAND OWNERS FROM IN-N-OUT BURGERS, INC V HASHTAG BURGERS PTY LTD & ORS [2020] FCA 193