We are used to decisions about non-traditional trade marks not deserving protection in the European Union, leading to the inevitable conclusion that non-traditional trade marks can be difficult to register and keep on the register.
The recent McCain decision of the EU General Court seems to go in the opposite direction, providing some guidance on which proof of use will be sufficient for a non-traditional trade mark to stay on the EU register (see here).backgroundsMcCain GmbH applied to register the below smiley potato chip shape (known as the Smiles) for “pre-fried potato croquettes and mashed potato products, deep-frozen” in…
The Supreme Court of Canada will hear appeals on Tuesday, centered on a Yukon First Nation’s requirement that elected officials live on settlement land, and whether that requirement infringes the Charter rights of citizens living elsewhere.
The case could be precedent-setting for self-governing First Nations across the country, as the nation’s highest court considers the intersection of Canadian and Indigenous law when it comes to the Charter of Rights and Freedoms and Indigenous self-government.
The court granted Vuntut Gwitchin citizen Cindy Dickson’s appeal application, as well as her First Nation’s conditional application for cross-appeal, last spring.
Dickson began her legal…
It is beginning to look a lot like a legal disputes saga between supermarkets in the UK. We have recently covered an ongoing dispute between Lidl and Tesco (see here), which relates to an alleged trade mark infringement. This time, Marks & Spencer (M&S) are suing the largest Europe’s discount grocery chain Aldi for copying their registered designs of the light-up Christmas gin bottles. This is the second legal case recently brought by M&S against Aldi, with the first involving the famous Colin the Caterpillar cake, which has since been settled. Notably, the case at hand in relation to gin…
On 24 November 2022, the Australian Attorney-General the Hon Mark Dreyfus KC MP announced the Attorney-General’s Department’s intention to release an issues paper for public consultation, as the first stage of a review into Australia’s current copyright enforcement regime. The broad aim of the review is to understand:Current and emerging copyright enforcement priorities and challenges;
Whether Australia’s copyright enforcement regime remains relevant, effective and proportionate; and
Whether existing enforcement mechanisms need to be strengthened, and if so, how can this be done without imposing unreasonable administrative or economic burdens.The Copyright Enforcement Review Issues Paper (“Issues Paper“), was subsequently…
The Archbishop of Sydney voices strong criticism against a proposed legislation bringing down the age limit for voluntary assisted dying to 14 in the Australian Capital Territory.By Vatican News staff reporter
Archbishop Anthony Fisher of Sydney has warned that a new legal framework considered by the Australian Capital Territory (ACT) allows for children as young as 14 to receive voluntary assisted dying (VAD) could see euthanasia become available to “anyone that wants it”.
Voluntary assisted dying in Australia
Voluntary assisted dying was introduced in the Australian state on January 31 2023, following South Australia, Victoria, Queensland, Tasmania and more…
In a bid to tackle the rising ignorance among Indian students about Canadian laws and rules, the Indo-Canada Chamber of Commerce (ICCC) is pressing the Immigration Minister to implement a mandatory clause for visa applicants. Murarilal Thapliyal, president of the esteemed Indo-Canadian organization, highlights the severe consequences of this lack of awareness.
Mandatory Canada Law Awareness and additional measures to be enforced for visa applicants to ensure the safety of Indian students in Canada(Shutterstock)Tragically, a number of Indian students have lost their lives in road accidents or drowned in ponds due to their unfamiliarity with local laws. The lack…
Editor’s note: If you or anyone you know is struggling with mental health there are a number of ways to get help, including by calling Talk Suicide Canada at 1-833-456-4566. A list of local crisis centers is also available here.
Amidst a global recognition around the unregulated sale of sodium nitrite online for the purpose of suicide, Peel Region is reporting a 10 per cent increase in calls “involving either attempted suicide or suicide” in 2023 compared to the same period in 2022.
The police response to those calls in some jurisdictions, sources allege, has been intense.
The uptick…
TALLAHASSEE, Fla. (AP) — Teachers and other government employees will have to write monthly checks if they want to stay in their union after Republican Gov. Ron DeSantis signed a bill Tuesday banning automatic dues deductions from public employees’ paychecks,
The anti-union bill also gives employees the right to immediately quit a union for no reason and requires unions to recertify if the number of dues-paying members drops below 60% of those eligible to join.
“If you want to join, you can, but you write a check and you hand it over. That is gonna lead to more take-home pay…