May 2, 2022

Dubbed as the Instagram “it” bag in 2016, Cult Gaia’s “Ark” bag design was recently refused trademark registration in the United States following the brand’s five-year battle to obtain registration for the design of its bag. Read more>>

February 10, 2021

On December 9, 2020, the Federal Court of Appeal of Canada (FCA) in Group III International Ltd v Travelway Group International Ltd, 2020 FCA 210, held that a trademark registration is a defence to damages during the period that it is registered, even if it is later invalidated. Read more>>

January 25, 2021

On December 14, 2020, Adidas filed an opposition with the United States Patent and Trademarks Trial and Appeal Board against Thom Browne Inc.’s US trademark applications for a red, white, and blue parallel stripe for use on footwear, on the grounds of likelihood of confusion and dilution by blurring. Read more>>

November 30, 2020

In early 2019, the beauty and skincare brand Glossier Inc. filed two trademark applications with the United States Patent and Trademark Office relating to the packaging of its goods – one for its pink-lined boxes, and the other for its pink bubble wrap pouches. Read more>>

September 25, 2020

Live-stream shopping platforms have become popular globally. With the increase in live shopping comes questions with respect to the various implications that this new form of shopping can have on e-commerce, intellectual property, and consumer protection laws. Read more>>

December 31, 2019

Though the decade may be coming to an end, the number of fashion-related legal battles have not. Below are some of the most noteworthy intellectual property lawsuits that have occurred in the fashion industry over the last ten years. Read more>>

December 4, 2018

Online piracy has been an issue that the entertainment industry has been facing for years. From apps to streaming sites and internet streaming devices, consumers are finding newer and cheaper ways to watch live television and motion picture films. Though most of these services allow consumers to watch copyrighted content legally, of the users that have internet streaming devices in Canada, about seventy percent are using these devices to stream copyright infringing content. Read more>>

April 30, 2018

From trademarking your logo to potentially patenting your items (a newer – yet narrowly used – method of protecting your unique fashion designs), there are various ways that start-ups and young companies in Canada can protect their intellectual property (IP) prior to diving into the competitive realm of fashion. Unfortunately, the Canadian fashion industry has also seen an increase in the number of large retailers who have found it appropriate to take designs originating from Indigenous communities and integrate them into their newest seasonal line. Read more>>

June 14, 2017

Although there is no shortage of counterfeit products on the market, it is not everyday that a high fashion designer sues your local flea market. Recently, Louis Vuitton reportedly filed a lawsuit against Dr. Flea’s Flea Market for intentionally selling a handbag that was evidently in violation of Canadian trademark and copyright laws. Read more>>