Teresa Scassa - Blog

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Wednesday, 01 October 2014 11:50

Another Official Marks Case Signals Need for Reform

Written by Teresa Scassa
Yet another decision regarding official marks highlights the need for reform of this privileged category of marks protected under the Trade-marks Act. In Terrace (City) v. Urban Distilleries Inc., two concurrent owners of the same official mark -- SPIRIT BEAR -- challenged the use by the defendant company of a mark that they claimed infringed their rights in the official mark. The City of Terrace had requested that the Registrar of Trade-marks give public notice…

Friday, 26 September 2014 10:20

All Fun and Games Until Somebody Loses a Statute

Written by Teresa Scassa
A year ago in November, the Supreme Court of Canada struck down Alberta’s Personal Information Protection Act (PIPA) on the basis that it violated freedom of expression guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedom. It did so by not appropriately striking the balance between the rights of striking works to express themselves in the context of a labour dispute and the privacy rights of others. In Information and Privacy Commissioner…

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