We are an intellectual property and drug regulatory litigation law firm in Toronto, Canada.
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Joined July 2023
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On January 31, 2025, the Federal Court dismissed a motion for summary judgment in a copyright infringement action involving a “Rosie the Riveter” due to the the moving party failing to prove that there was no “genuine issue” for trial. Details below:
markwelllaw.com/2025/04/16/s…
On February 14, 2025, the Federal Court found that Joanna Habbous, owner of the registered trademark PHYSIOHEALTH STUDIOS, had established infringement, passing off, and depreciation of goodwill against Arc Physio Health Ltd.
markwelllaw.com/2025/02/26/i…
We are proud to once again sponsor the The Harold G. Fox Moot being held Feb. 21-22. Please look out for Rebecca Crane who is participating as a judge at this year’s event. Best of luck to all the students participating!
#FoxMoot2025 #intellectualproperty
The Federal Court (per Southcott J.) allowed C-Tow’s application to have Sea Tow’s registered trademarks struck from the Trademarks Register. More details available at the link below:
markwelllaw.com/2025/02/11/c…
The Alberta Court of Appeal held that the six-year limitation period in the Patent Act applies to infringement actions filed in the Alberta court, not the two-year period prescribed by provincial law. More details below:
markwelllaw.com/2025/02/06/s…
The Federal Court (per Zinn J.) set aside a decision by the Commissioner of Patents refusing to reinstate Matco Tools Corporation’s (“Matco”) patent application which had been deemed abandoned for failure to pay maintenance fees. More details below:
markwelllaw.com/2025/01/28/c…
The Federal Court held that the Minister of Health had acted reasonably in determining the listing date as the date of addition of the patent to the Register under the PMNOC Regulations. More details below: markwelllaw.com/2025/01/23/c…
On January 3, 2025, the Federal Court (per McVeigh J) dismissed an application by 2K4 Inc. (operating as Indican Pictures) alleging passing off of the unregistered trademark “Indican Pictures”. More details on our blog at the link below:
markwelllaw.com/2025/01/15/f…
The Federal Court of Appeal held that the Federal Court did not err in finding that several claims of Nordik Blades’ three patents on snowplow blades were invalid for obviousness. More details here:
markwelllaw.com/2025/01/10/n…
#patent #iplaw #appeal
Federal Court (per Southcott J) upholds expungement of a trademark registration. Owner failed to establish “use” of the mark in association with the registered goods.
More details below:
markwelllaw.com/2024/12/20/d…
#trademark #IPLaw
Federal Court allows appeal from Trade-mark Opposition Board based on material new evidence of entitlement and distinctiveness. More details below:
markwelllaw.com/2024/11/27/b…
#iplaw #trademarks
Tsimberis J. of the Federal Court heard an application by Auberge & Spa Le Nordik Inc. and Nordik Immobiliers Winnipeg Inc. to have certain services expunged from trademark registrations held by Therme Development (CY) Ltd. More details at the link below:
markwelllaw.com/2024/11/12/o…
Lafrenière J. of the Federal Court, recently issued an interim report on the quantification of profits made by Travelway Group International Ltd. through the sale of products that it passed off as being made by Wenger S.A. More details below:
markwelllaw.com/2024/10/21/c…
The Federal Court recently allowed an appeal of the Registrar’s decision to expunge a trademark registration, but amended the registration to delete several services because the owner had not shown any use or special circumstances to excuse their non-use:
markwelllaw.com/2024/10/16/t…
The process of litigating trademark disputes in Canada bears similarities to other common law jurisdictions, in particular the United States. However, there are some aspects of Canadian procedure that IP practitioners in other jurisdictions should know:
markwelllaw.com/2024/10/09/l…
On September 27, 2024, the Federal Court of Appeal held that four patents owned by AngelCare Canada are valid and were infringed by the manufacture and sale of diaper pail cassettes by Munchkin Canada and its Munchkin US. Read more on our blog:
markwelllaw.com/2024/10/02/f…
On September 13, 2024, the Federal Court held that four patents owned by ProSlide Technology Inc. were invalid, and that three of those patents were not infringed by WhiteWater West Industries, Ltd. markwelllaw.com/2024/09/30/f…
#patents #IPlaw
On August 14, 2024, the Federal Court ruled that Chanel did not infringe Molo Design’s patent on a Flexible Wall System, and that two claims were invalid as being anticipated or obvious in light of the prior art, including Molo’s own disclosure:
markwelllaw.com/2024/09/23/p…
The FCA recently held that 2 patents owned by Rovi Guides were invalid. In obiter, the FCA also provided clarification on the circumstances in which an accounting of profits and a permanent injunction are available as remedies for patent infringement.
markwelllaw.com/2024/08/22/r…
On August 6, 2024, the Federal Court of Appeal denied an appeal by Rovi Guides and held that two of its patents were invalid for obviousness. More details are available at our blog in the link below.
markwelllaw.com/2024/08/21/f…