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Highlights
LITIGATION
Case Comment: Euro-Excellence Inc. v. Kraft Canada Inc.
Grey Marketing and a Reminder of Important IP Rights Interplay
Leonard H. Polsky, Kevin Sartorio
The recent Supreme Court of Canada
decision in Euro-Excellence Inc. v. Kraft Canada Inc. has important
implications for the future enforcement of intellectual property rights as a
means of blocking Canadian distribution of
imported grey-market goods. As Leonard Polsky and Kevin Sartorio explain, the
Supreme Court's decision also serves as a reminder of the important interplay of
trade-mark and copyright laws in intellectual property rights enforcement
generally.
LITIGATION
Case Comment: Bad Ass Coffee Company of Hawaii Inc. v. Bad
Ass Enterprises Inc. and Its Impact on the Law of the Proper Forum for a
Franchise Dispute
Ellery C. Lew
Ellery Lew considers the case of
Bad Ass Coffee Company of Hawaii Inc. v. Bad Ass Enterprises Inc., which
explores a number of issues involving determination of the appropriate forum for
litigation of a franchise dispute. In contrast to prior articles and cases on
forum selection, this case addresses the issue of choice of forum squarely in a
franchising context. The case is significant because it is amongst the first
cases to interpret sections of the Alberta Franchises Act, which specify
the choice of law and forum for franchise agreements. The case has implications
for interpretation of franchise statutes in all four of the franchise
legislation provinces.
CLASS ACTIONS
Quebec Court of Appeal Upholds Dismissal of Motion for
Certification of Competition Act Class Action Against Toyota Canada
Pascale Cloutier, Veronica Mollica
In an instructive decision, the
first in Quebec regarding a class action certification relating to a claim under
the federal Competition Act, the Quebec Court of Appeal discussed the
criteria that needed to be met to certify a class action. As Pascale Cloutier
and Veronica Mollica explain, the decision serves as a warning to potential
plaintiffs, as the Court of Appeal confirms that it is not sufficient to simply
establish an appearance of an alleged violation in breach of the Competition
Act.
TRADE MARKS
Recent Trade-mark Developments in Canada
Chris Bennett, Dani Lemon
Trade marks are one of the core
types of intellectual property in any franchise system. Chris Bennett and Dani
Lemon examine recent changes in the Canadian Intellectual Property Office's
practices affecting disclaimers and opposition proceedings as well as recent
decisions by trade-mark examiners that call into question the meaning of a
"descriptive" trade mark.
CHECKLIST
This feature will regularly examine and report on recent
developments affecting franchising and distribution.
Eunice Machado, Jayne Westlake
Checklist
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Board
Lawrence M. Weinberg
Editor-in-Chief
Cassels Brock & Blackwell LLP
Pascale Coutier
Miller Thomson Pouliot LLP
Frédéric P. Gilbert
Fasken Martineau DuMoulin LLP
Ellery C. Lew
Witten LLP
Eunice Machado
Cassels Brock & Blackwell LLP
Lee Muirhead
Osler, Hoskin & Harcourt LLP
Leonard H. Polsky
Gowling Lafleur Henderson LLP
John L. Rogers
Davis LLP
Peter V. Snell
Gowling Lafleur Henderson LLP
David Sterns
Sotos LLP
Jayne Weslake
Cassels Brock & Blackwell LLP |