IP Connections

March/April 2011

Team Lotus versus Lotus Renault: a trademark dispute hits the F1 track

Team Lotus has instituted proceedings against Group Lotus in the English High Court for wrongful termination of a licence to use the "Lotus" mark in Formula One and a declaration that it is entitled to use the Team Lotus name. Currently, two teams named "Lotus" are entered to compete on the track this season.

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Correcting clerical errors: considerations in the exercise of discretionary powers of the Commissioner of Patents

A recent decision of the Federal Court of Canada has held that before exercising his or her discretionary power to order the correction of a clerical error or to refuse to make the correction, the Commissioner must weigh and balance all relevant factors. The factors include a consideration of the impact of the decision on the patentee or applicant and evidence, rather than speculation, regarding whether others will be adversely affected by making the requested correction.

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Salt: a cautionary tale about trademark enforcement

In an age of easy travel it is increasingly likely that chefs will open restaurants in more than one geographic location. Thus, competing restaurant names have become an important issue in connection with the protection of overall business interests. As highlighted by the Salt dispute, a registered trademark can prove to be an unexpectedly valuable business asset for restaurants and other businesses alike.

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A registered trademark in Canada: use it or lose it

The old adage "use it or lose it" is particularly relevant when it comes to a Canadian trademark owner’s registered rights. Canada is largely considered a 'use-based' country wherein use of the mark in accordance with the provisions of the Trademarks Act is a paramount consideration. This then begs the question: what constitutes use of a trademark?

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Recent developments in brief

British Columbia Court of Appeal weighs in on keyword debate

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Delays for new top-level domains

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Ford and Ferrari settle race car name dispute

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Patent Office seeks input regarding unity of invention

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Keltie R. Sim (Editor)

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