Wise Insights

Louis Vuitton fails to see the humour – My Other Bag succeeds with parody defense.

Louis Vuitton Advised to “Smile or Laugh”, Not Sue

We have all seen the bumper sticker: My other car is a Porsche.

And the bag: My other bag is a Louis Vuitton.

Do they make you feel any less of Porsche or Louis Vuitton?

A U.S. District Court Judge has found that My Other Bag’s use of Louis Vuitton on its canvas totes does not amount to trademark infringement.

Second Quarter – Redskins on the Defence

Update on the Washington Redskins Trademark dispute

As was discussed in our previous blog here, Section 2(a) of the Lanham (Trademark) Act (U.S.) prohibits the registration of trademarks which are scandalous, immoral, or disparaging. In July 2014, six federal trademarks belonging to the Washington Redskins were cancelled as each of the six marks were found by the Federal Court to be disparaging to Native Americans.

Rob Wise Appointed to IPIC Trademark Practice Committee

We are pleased to announce that Robert J. Wise Robert has been appointed to serve on the Trademark Practice Committee of the Intellectual Property Institute of Canada. The committee identifies problems of policy or practice which relate to practice before the Trademarks Office, alerts the Trademarks Office, and seeks improvements via discussion of the issues in writing or by meeting with representatives of the Office.

Food for thought – The Making Healthier Choices Act

Before venturing into a restaurant or food-related business, it would be wise to become familiar with the new Healthy Menu Choices Act (the “Act”).

The Act originates from the Ontario Legislature’s Making Healthier Choices Act 2015 which enacts a number of other acts and amendments which form part of the provincial government’s overall plan to enhance public health.

Registered Trademarks – Your Trump Card

Business owners are often hesitant to register their trademarks and are unaware that failing to do so could expose their business to greater expenses than those associated with trademark registration. A competitor with a registered trademark has the right to force a business to stop using an unregistered trademark if it is confusingly similar to their registered trademark.

Immoral Trademarks

Most trademark owners are aware that their trademark may be opposed or challenged on the basis that it is descriptive, generic or confusingly similar to another registered trademark.  Less well known is the fact that trademarks can be invalidated or expunged if they are obscene, immoral, deceptive, or scandalous.