On March 20, 2026, the Federal Court of Appeal (per Locke J.A., Roussel J.A., and Heckman J.A.) (“FCA”) released an important decision in the patent dispute between ProSlide and WhiteWater, two competitors in the water slide industry. The ruling restores …
Cooking Up Goodwill: How First Use Secured Trademark Rights in ASIALICIOUS
On April 14, 2026, the Federal Court (per Manson J) issued a detailed and instructive reminder that trademark rights in Canada can arise through use alone without registration. The Court reaffirmed that where goodwill and confusion are established, the courts …
FCA Reminds Us That Canadian Trademark Law Is Bilingual
On May 5, 2026, the Federal Court of Appeal (per Locke J.A., Roussel J.A., and Heckman J.A.) (“FCA”) upheld a Federal Court decision invalidating portions of several THERME-formative trademark registrations owned by Therme Development (“Therme”). The decision is noteworthy for …
The Changing Landscape of Opposition Proceedings: Parties Must Now Put Their Best Foot Forward
On June 25, 2026, the Federal Court (per Whyte Nowak J.) applied its “gate-keeping function” and refused to allow a party to file new evidence on appeal that could have been tendered before the Trademark Opposition Board (“TMOB”). This is yet …
Supreme Court of Canada renders landmark decision on patentability of methods of medical treatment
This was the first time the SCC has addressed the patentability of so-called “methods of medical treatment” in decades. This ruling clarifies some of the inconsistencies that have developed in this area since the Tennessee Eastman decision in the 1970s while, at …
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