Trade name vs. Trade-mark – What’s the difference?
Many people confuse trade names and trade-marks and think they acquire trade-mark rights by virtue of having a trade name.
trade mark infringement
No copyright and trade-mark rights in most metatags
This case is the most recent in a small line of cases concerning the intellectual property implications, or lack thereof, in using website metatags formulated based on a competitor’s website or trade-marks. While the Court’s findings are fact specific, many aspects of the decision may make it difficult for brand owners to assert rights where they find that their trade-marks or trade-names have been used as metatags in a third party competitor’s website.
IP monitor: Trademarks unlimited provincially
In a recent summary judgement decision with respect to trade mark infringement Driving Alternative Inc v. Keyz Thankz Inc, the Federal Court of Canada decided that the Federal limitation period of six years applied to this trade-mark infringement which occurred in Ontario because the evidence of the Plaintiff established that the activities of the Defendants have caused damage to the Plaintiff beyond Ontario, including confusion in Alberta.
