Intellectual Property Disputes Intellectual Property Disputes

Federal Court of Appeal affirms new trademark owners not required to account for non-use

The Court has affirmed there is no obligation on new trademark owners to account for non-use prior to the acquisition of the trademark in question.

Is your material material? The new test for leave to file new evidence in Trademarks Opposition Board appeals

A decision of the Federal Court provides guidance on new approach to deciding leave to adduce additional evidence in Trademark appeal cases.

AI training on trial: the next legal frontier in copyright law

The impact of copyright court cases in Canada and the U.S., as well as government consultations towards reform.

Pre-trial trademark injunctions: hard to get but worth the squeeze?

Pre-trial injunctions are highly desirable remedies for halting trademark infringement while litigation is ongoing.

German and U.K. courts diverge on whether AI models infringe copyright  

When it comes to AI and copyright, recent rulings show there is no global consensus on whether training models infringe.

Stability AI successfully defends Getty Images’ U.K. copyright infringement claim

The U.K. High Court has ruled that a generative AI tool that creates high-quality images from text descriptions, is not an “infringing article”.

The trademark four(mula): enforcement and risk mitigation

Without proper enforcement, businesses run the risk of losing the distinctiveness of their trademarks and the scope of protection they afford.

Avoiding IP quicksand: lessons from ITP SA v. CNOOC Petroleum North America ULC

The decision serves as a reminder of the potential consequences of failing to manage IP diligently within large infrastructure projects.

Changes to Canadian trademark laws and practice coming April 1, 2025

We examine the amendments to the Trademarks Act and Trademarks Regulations coming into force on April 1, 2025, and their practical implications.

Presenting our Legal Outlook

Osler Legal Outlook provides a look back on key legal developments in 2024 and a look forward to the implications for 2025 and beyond.