Articles
Our professionals regularly report on new developments in all areas of intellectual property and technology law. Please select from our list of articles below.

To search for a particular subject, please use the search function located at the top right of the screen.

AIR FRANCE – KLB v. ML Group (Maher Roz) | December 23, 2011


Chanel S. de R.L. and Chanel Inc. v. Jiang Chu | December 23, 2011


Fuji Television Network, Inc v. Ramesh Suri | December 23, 2011


674802 BC Limited (Amanda Enterprises) v. Encorp Pacific (Canada) | December 23, 2011


Hillstone Restaurant Group, Inc. v. Houston Canada Inc. | December 23, 2011


Protecting colour trademarks in Canada | December 23, 2011


Firm news | December 23, 2011


Archmetal Industries Corporation v. Jag Flocomponents N.A. | December 23, 2011


Stay connected with Smart & Biggar/Fetherstonhaugh's mobile website | December 21, 2011


Federal Court finds olanzapine selection patent invalid for inutility | December 5, 2011


Recent developments in section 8 jurisprudence | December 5, 2011


Canada's Federal Court of Appeal affirms that business methods may be patentable | November 28, 2011


Firm news | November 17, 2011


Federal Court of Appeal upholds irrevocable abandonment of patent application | November 17, 2011


Double-patenting: the Canadian perspective for U.S. practitioners | November 17, 2011


Copyright to be the focus of attention in fall 2011 | November 17, 2011


Supreme Court of Canada rules that a hyperlink is not "publication" of the content to which it refers | November 17, 2011


Amendments to Canadian Patent Rules and Office practice bring opportunities for expedited patent examination | November 17, 2011


Summary judgment and summary trial: factors affecting availability of summary disposition in IP disputes under the new Federal Courts Rules | November 17, 2011


Domain names without borders: The imminent arrival of the new gTLDs | November 16, 2011


IP Connections recent developments in brief — November/December 2011 | November 16, 2011


Non-traditional forms of inventions | November 16, 2011


Cloud computing: A brief overview of intellectual property issues "in the cloud" | November 16, 2011


PMPRB orders ratiopharm Inc. to pay over $65M to offset excess revenues | November 8, 2011


Sunrise period for .XXX defensive domain names ends October 28, 2011 | October 21, 2011


Canadian Dental Association v. Ontario Dental Assistants Association | September 29, 2011


Hortilux Schreder B.V. v. Iwasaki Electric Co. Ltd | September 29, 2011


Tucows.Com Co v. Lojas Renner SA | September 29, 2011


Spirits International B.V. v. BCF S.E.N.C.R.L. | September 29, 2011


Reitmans (Canada) Ltd. v. The Thymes, Limited | September 29, 2011


Canadian trademark litigation practice: 10 things to know | September 29, 2011


Canadian practice tip - September/October 2011 Canadian ReMARKS | September 29, 2011


Cheung's Bakery Products Ltd v. Saint Honore Cake Shop Limited | September 29, 2011


The Excite Group, Inc. v. Zucker International Marketing Inc. | September 29, 2011


CIRA considers the adoption of French internationalized domain names | September 29, 2011


Target Brands, Inc. and Target Corporation v. Fairweather Ltd., International Clothiers Inc. and Les Ailes de la Mode Incorporées | September 29, 2011


Canadian opposition proceedings | September 29, 2011


Deriving value from trade secrets | September 21, 2011


Surveys: a useful tool to gauge consumers' perception | September 21, 2011


The smartphone patent frenzy | September 21, 2011


IP Connections recent developments in brief — September/October 2011 | September 21, 2011


Global patent protection | September 21, 2011


Business relevance of trademarks in distribution agreements | September 21, 2011


Smart & Biggar/Fetherstonhaugh welcomes new associates | September 19, 2011


Federal Court of Appeal sets aside Order of prohibition for latanoprost | September 8, 2011


Firm congratulates newest patent agent | August 23, 2011


Defining wares and services in Canada — what is an "ordinary commercial term"? | July 27, 2011


Official marks — a uniquely Canadian concept | July 27, 2011


Trademark examination: approvals issued in special circumstances | July 27, 2011


How to ace the test for establishing trademark confusion | July 27, 2011


Kost Klip Manufacturing Ltd. v. BGI Holdings Inc. | July 27, 2011


McCarthy Tetrault LLP v. AutoZone Parts, Inc. | July 27, 2011


BBM Canada v. Research In Motion Limited | July 27, 2011


Republic of Cyprus (Commerce and Industry) v. International Cheese Council of Canada | July 27, 2011


Jockey International, Inc. v. Ingenuity.Net Services Corp. | July 27, 2011


Hardy Way LLC v. Little Blue Box Co. | July 27, 2011


Specialized Bicycle Components, Inc. v. Goodbaby Child Products Co, Ltd. | July 27, 2011


CIRA's announces revised CDRP Policy and Rules to take effect on August 22, 2011 | July 27, 2011


The Federal Court applies its new summary trial rules in the largest anti-counterfeiting award in Canadian history | July 27, 2011


Federal Court of Appeal significantly limits good faith requirement for patents in Canada | July 19, 2011


IP Connections recent developments in brief — July/August 2011 | July 18, 2011


Brave new trademarks - brandverbs and beyond | July 18, 2011


Valuable patents for seemingly simple innovations | July 18, 2011


Compensation for costs in IP-related proceedings in Canada | July 18, 2011


"Made in Canada" and "Product of Canada" claims receive guidance from the Competition Bureau | July 18, 2011


Decision in F1 dispute: two "Lotus" teams can co-exist | July 18, 2011


EpiCept data protection appeal dismissed as moot | July 5, 2011


Considerations when using the new "green" accelerated examination procedure | June 22, 2011


CIRA expected to introduce substantive changes to CDRP | June 22, 2011


Fee refund derails applicant's attempt to reinstate patent application | June 22, 2011


Extension of time and reinstatement provisions in Canada | June 22, 2011


Supreme Court of Canada grants leave to appeal in Teva Canada Limited v. Pfizer Canada Inc. | June 22, 2011


Smart & Biggar/Fetherstonhaugh welcomes new associates | June 22, 2011


Canadian Patent Office grants claims to monoclonal antibodies without a working example | June 22, 2011


Update on data protection: CGPA does not have standing to attack data protection for AVAMYS; SAP authorization not a bar to data protection for ELOXATIN | June 6, 2011


Chaussures Régence Inc. v. Naturmania Inc. | May 31, 2011


Invalidating a Canadian trademark registration | May 31, 2011


Pélican International Inc. v. GSC Technologies Corp. | May 31, 2011


Aquasmart Technologies Inc. v. Robert Klassen | May 31, 2011


Coors Global Properties, Inc. v. Drummond Brewing Company Ltd. | May 31, 2011


Canada's anti-spam legislation to come into force this year | May 31, 2011


Trademark "use" on samples and in clinical trials | May 31, 2011


MASTERPIECE decision released by Supreme Court of Canada | May 27, 2011


Licensing your brand: it's all about control | May 18, 2011


IP Connections recent developments in brief — May/June 2011 | May 18, 2011


Proper marking of your U.S.-patented products | May 18, 2011


The obviousness double standard | May 18, 2011


Canadian industrial design registrations - the article in the drawings vs. the design protected | May 18, 2011


The Quebec Charter of the French Language: What you need to know | May 18, 2011


Court of Appeal affirms Order of prohibition against Pharmascience regarding latanoprost | April 5, 2011


Canadian Patent Rules amended to introduce procedure for advanced examination of applications relating to green technologies and to modify existing Special Order procedure | March 31, 2011


Federal Court expands concept of "use" for retail store trademarks | March 31, 2011


Amazon.com's victory chosen as LEXPERT's 2010 Canadian Business Case of the Year (Amazon.com successfully represented by Smart & Biggar) | March 30, 2011


Wonderfarm Biscuits & Confectionery SDN BHD v. Borden Ladner Gervais LLP | March 30, 2011


Empresa Cubana del Tabaco trading also as Cubatabco v. Shapiro Cohen and the Registrar of Trademarks | March 30, 2011


Ontario Teachers' Pension Plan Board v. Canada (A.G.) | March 30, 2011


Eva Gabor International Ltd. v. 1459243 Ontario Inc. | March 30, 2011


Kelemata S.p.A. v. Gillette Company | March 30, 2011


Canadian Dental Hygienists' Association/L'Association canadienne des hygiénistes dentaires v. Canadian Dental Association/ L'Association Dentaire Canadienne | March 30, 2011


MSLO Shared IP Sub LLC v. Shady Glen Enterprises Limited | March 30, 2011


Warren Miller Entertainment, Inc. v. Willi Vogl & Associates, Ltd. | March 30, 2011


Trademarks Office news — March/April 2011 | March 30, 2011


CIRA releases its conclusions on the CDRP public consultation | March 30, 2011


Proposed use applications in Canada | March 30, 2011


The Quebec Charter of the French Language: What you need to know | March 30, 2011


Preparing filing instructions for Canadian agents — Am I missing anything? | March 30, 2011


Trademarks Office news — Names or surnames | March 30, 2011


Trademarks Office news — Entitlement to use the trademark in Canada | March 30, 2011


Trademarks Office news — Relevant date for section 14 | March 30, 2011


Trademarks Office News — Deadline to complete cross-examination | March 30, 2011


Trademarks Office News — Filing of written arguments | March 30, 2011


Trademarks Office news — New Registrar of Trademarks | March 30, 2011


Team Lotus versus Lotus Renault: a trademark dispute hits the F1 track | March 14, 2011


Correcting clerical errors: considerations in the exercise of discretionary powers of the Commissioner of Patents | March 14, 2011


A registered trademark in Canada: use it or lose it | March 14, 2011


Salt: a cautionary tale about trademark enforcement | March 14, 2011


IP Connections recent developments in brief — March/April 2011 | March 14, 2011


Federal Court of Appeal sets aside "termination" of moot application and orders "dismissal" | March 8, 2011


Steven B. Garland appointed President of the Canadian Executive Council for AIPPI | February 9, 2011


SCC finds PMPRB has jurisdiction over U.S.-based Special Access Programme sales | February 8, 2011


Update on enforcement tools for combating counterfeiting and piracy | February 1, 2011


Patent Prosecution Highway agreement with USPTO being extended | February 1, 2011


Disclaimers continue to have a use in Canadian trademark practice | February 1, 2011


Clarifying the scope of the good faith requirement in Canadian patent prosecution | February 1, 2011


Toyota Canada Inc. v. Ken Sproul, c/o KS/MC Enterprise | January 24, 2011


10 things you need to know when filing, prosecuting and maintaining trademark applications in Canada | January 24, 2011


An update on counterfeiting and piracy remedies in Canada | January 24, 2011


Canadian Trademarks Office may loosen restrictions on some non-traditional trademarks | January 24, 2011


The marking of trademarks in Canada | January 24, 2011


Groupe Procycle Inc. v. Chrysler Group LLC | January 24, 2011


Miranda Aluminum Inc. v. Miranda Windows & Doors Inc. | January 24, 2011


Industries Lassonde Inc. v. Oasis D’Olivia Inc. | January 24, 2011


Canadian Fly-In Fishing (Red Lake) Ltd. v. Lac Seul Airways, Ltd. | January 24, 2011


Groupe TBWA France SA v. Tequila Communication & Marketing Inc. | January 24, 2011


Trademarks Office news — January/February 2011 | January 24, 2011


What to do when someone registers YourTrademark.ca | January 20, 2011


Balancing issued patents with pending applications: the road to a healthy patent portfolio | January 20, 2011


On-going patent due diligence makes legal and business sense for cleantech companies | January 20, 2011


Considerations arising from the expiration of patent protection | January 20, 2011


IP Connections Recent developments in brief — January/February 2011 | January 20, 2011


Federal Court finds lovastatin patent valid and infringed by Apotex and dismisses Apotex’s section 8 action | January 12, 2011


Smart & Biggar/Fetherstonhaugh welcomes new partner | January 4, 2011


 
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