Corporate Commercial Archives : 2015

Phrase of the Week - Oh, Of Course Test

Vandal v. Cousineau | 2014 CarswellAlta 2026 | Alberta Court of Queen's Bench

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In Black & Decker Corp. v. Piranha Abrasives Inc., the Federal Court found trademark infringement on the basis of high resemblance between two marks, but dismissed allegations of passing off and depreciation of goodwill.

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A recent decision of the Federal Court considered whether using copies of keyword meta tags in the metadata of a website constitutes copyright infringement.

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In a recent CCAA proceeding a secured creditor successfully opposed fees payable to a special restructuring committee created by the board of directors.

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CSA proposes amendments to rules surrounding take-over bids and shareholder rights plans, making life difficult for hostile bidders.

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Phrase of the Week - Test for Confusion

Hershey Canada Inc. v. Gorham | 2012 CarswellNat 2743 | Trade-marks Opposition Board

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Recent case imposes constructive trust on certain proceeds held by a Receiver in order to prevent an inequitable and unjust result.

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Empty Voting

TELUS Corp. v. CDS Clearing and Depository Services Inc. | 2012 CarswellBC 2791 | British Columbia Superior Court

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The Combating Counterfeit Products Act, S.C. 2014. c. 32 provides Canada Border Services Agency with authority to take action against commercial movement of counterfeit goods at border and adds new criminal offences relating to counterfeit goods.

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Carrying On Business In The Jurisdiction

Van Breda v. Village Resorts Ltd. | 2012 CarswellOnt 4269 (S.C.C.) | LeBel J.

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This post discusses a recent Ontario Superior Court of Justice case that examines notice periods for franchise contracts.

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With the excess of the holidays behind us, we start off the new year with a look at one of the realities of our consumer society: bankruptcy, specifically consumer proposals. A proposal constitutes an offer made by the debtor to the creditors, which they are free to accept or reject. Although approved by the court and by statute declared to be binding on all creditors, a proposal is in reality only a contract between the parties. Consumer proposals are dealt with under Part III, Division II of the Bankruptcy and Insolvency Act.

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