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Achieving distinctiveness in a sea of product overload is a key goal of most business clients. So is preventing the exploitation by others of hard earned commercial good will. Whether the clients are multinational giants or a "mom and pop" proprietorships, the need to distinguish wares or services, and protect intellectual property rights, is always near the top of the list in discussions with their legal advisers. The law of trade-marks is one of the primary weapons in the legal arsenal to meet these crucial objectives, making a solid working knowledge of that law essential for most lawyers.
Newly revised, Halsbury's Trade-marks, Passing Off and Unfair Competition - 2012 Reissue sets out the law governing Trade-marks in Canada, as governed by the Trade-marks Act, as well as the law pertaining to the common law and statutory remedy of passing off . Authored by two of Canada's leading intellectual property experts, this title is an important and authoritative resource for Canadian legal practitioners.
Topics covered include:
Trade-marks
- The statutory framework and regulatory regime
- Categorization and registration of trade-marks
- Nature of the trade-mark
- Particular types of trade-marks
- Entitlement to register
- Legal and practical requirements
- Application to register and consequences of registration
- Transfer, assignment and licensing issues
- Confusion between marks
- Tests for determining
- Evidence of actual confusion
- Favour trade-marks
- Infringement proceedings
- What constitutes infringement
- Jurisdiction, procedure and evidence
- Available remedies
- Defences to infringement suits
Passing off
- Common law restrictions
- The tort of passing off
- Requirements to prove
- Damages
- Misappropriation of personality
Unfair competition
- Statutory remedies
- Application of Trade-marks Act and Competition Act
- False and misleading statements
- Acts contrary to honest usage
And much more.
Special Features
- Enhanced Contents
- A general table of contents to the level of Chapter headings
- A detailed table of contents to the level of clause headings
- Detailed sectional contents set out within the commentary for each chapter and section
- References and Abbreviations - An alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
- Selected Secondary Sources - Setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful
- Glossary of Definitions - Identifying words and phrases defined in legislation governing testate and intestate succession, and providing the text of the definition in each jurisdiction for easy reference. A valuable "quick reference" in a field marked by a wide variety of statutes promulgated across many jurisdictions
Plus:
- Table of Cases
- Table of Statutes and Statutory Instruments
- List of Related Titles
- Index
The Honourable Mr. Justice Roger T. Hughes, Q.C. & Toni Polson Ashton
The Honourable Mr. Justice Roger T. Hughes, B.Sc., LL.B., was appointed as a Judge of the Federal Court and ex officio member of the Federal Court of Appeal in 2005. Justice Hughes was formerly a partner of the law firm Sim, Hughes, Ashton & McKay LLP. He was designated as a Certified Specialist in intellectual property law and civil litigation by the Law Society of Upper Canada, and is a Fellow of the Intellectual Property Institute of Canada. He is the author of several texts in the litigation and intellectual property fields, including Woodley on Patents, Second Edition, Patent Legislation & Commentary, 2012 Edition, and the Halsbury's Laws of Canada titles on Copyright and Trade-marks. He has published numerous papers and is a frequent speaker on diverse topics, including court practice and procedure, patent, trade-mark and copyright law, and media and entertainment law. Justice Hughes has appeared as counsel in all levels of court, including the Supreme Court of Canada, in a large number of cases, mainly in the intellectual property field.
Toni Polson Ashton, J.D., is a senior partner with Sim, Lowman, Ashton & McKay LLP. Her practice encompasses counseling clients in the selection and availability of Trade-marks, portfolio management, prosecution, policing of Trade-marks, opposition and related licensing and packaging issues. She has served as Chair of the National Intellectual Property Section of the Canadian Bar Association (1992 - 1993); and on the International Trademark Association (INTA) Board of Directors (1995 - 1997) and its Executive Committee (1996 - 1997), Steering Council, Legislative Analysis, Meeting, International and Geographical Indications, Famous & Well-Known Trade Marks and the INTA 2012 Annual Meeting Project Team Committees. She is currently a member of The University of Akron School of Law IP Advisory Council; Fédération Internationale des Conseils en Propriété Industrielle (Vice-chair International Trademarks); MARQUES; Pharmaceutical Trade-marks Group; AIPPI - Trade-mark Committee; Intellectual Property Institute of Canada (Fellow: Vice-Chair Trade-mark Joint Liaison committee). She has been a speaker at the Law Society of Upper Canada, the University of Toronto law school and for private/professional organizations within and outside Canada. She also lectures at Osgoode Hall Law School (Intellectual Property LLM Program). Toni co-authors "Hughes on Trade Marks" and "Trade-marks, Canadian Forms & Precedents", and has contributed to "Essential Commercial Law Precedents" (Butterworths Canada).
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