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Are trademarks in association with computer software goods evolving with technology?

August 11, 2017

Computer software companies are cognizant of evolving challenges relating to patentable subject matter. Computer software companies should also consider managing trademark portfolios by evaluating whether existing trademark registrations may be at risk of expungement. Under the current Trade-marks…

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Potential Perils of Relying on Unregistered Intellectual Property Rights

May 02, 2017

Companies sometimes decide to forgo registering intellectual property rights and hope that they will have some protection under the law without having formally registered such rights.  A recent case highlighted some of the perils in attempting to rely on unregistered intellectual property rights to…

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The trademark “Green Rush” is on in Canada

March 15, 2017

While marijuana has been legal for medicinal purposes in Canada since 2001, the marijuana industry has only recently seen a high level of trademark activity.   Annual trademark filings for marijuana-related goods and services began accelerating in 2012 and there was much activity from 2014 to 2017. …

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Keyword Advertising: When “Sponsored Links” Can Get You in Hot Water

February 28, 2017

With catchphrases such as “search engine optimization”, “AdWords”, and “pay-per-click” dominating the online marketing vernacular, it is helpful for commercial entities and marketing professionals to be cognizant of potential trademark law issues that may arise when engaging in promotional activities.…

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Same trade-mark and similar goods? No problem if sold through different channels of trade

January 15, 2014

This case illustrates the potential advantages of explicitly excluding certain goods from your trade-mark application. Let’s suppose you are a tire manufacturer with the registered mark POTENZA for “tires, tubes and wheels” that you have held for 30 years.  A high-end Italian bicycle…

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Tags

accelerated examination, accounting of profits, anticipation, assignments, confusion, copyright, costs, duty of disclosure, early disclosure, fintech, graphical user interfaces, industrial design, inventorship, open source, opposition, patentable subject matter, patents, prior use rights, promises of the patent, software patents, sufficient disclosure, Technological Protection Measures, TPM, trade secrets, trademarks


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