Ms Noelle Engle-Hardy

Noelle Engle-Hardy

Updates

Intellectual Property

Pampered Chef succeeds again in trademark infringement battle
Canada | 08 March 2021

The Federal Court of Appeal recently dismissed an appeal of the Federal Court's trial decision in a case concerning trademark infringement, passing off and dilution and depreciation of goodwill. Pampered Chef, a world leader in premium kitchenware products, had previously successfully defended a claim brought by Canada's largest retailer, Loblaws, in relation to its use of a trademark that included the letters 'P' and 'C'.

Trademarks in 2020: notable cases and developments
Canada | 08 February 2021

There were several notable trademark cases and developments in Canada in 2020, including cases addressing comparative advertising, depreciation of goodwill, brand parody, trademark use in the absence of a brick-and-mortar location and potential claims by exclusive distributors against importers of grey market goods. This article revisits these cases and developments and considers their implications for 2021.

Federal Court of Appeal does not disturb lower court's finding of use for hotel services
Canada | 05 October 2020

In a highly anticipated decision, the Federal Court of Appeal recently held that a trademark owner could demonstrate use of a trademark in Canada in association with hotel services in the absence of a brick-and-mortar hotel. While the decision is not the first to analyse the Internet's impact on use of a trademark, this case provides important guidance to brand and trademark owners which offer services to consumers in Canada without a physical brick-and-mortar location.