Lexis Nexis Halsbury's Laws of Canada – Trademarks, Passing Off and Unfair Competition (2020 Reissue)
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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 goodwill. Whether the clients are multinational giants or "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 trademarks 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 and thoroughly updated, Halsbury's Trademarks, Passing Off and Unfair Competition (2020 Reissue) sets out the law governing trademarks in Canada, as governed by the Trademarks Act, as well as the law pertaining to the common law and statutory remedy of passing off. Authored by Canada's leading intellectual property experts, this title is an important and authoritative resource for Canadian legal practitioners. Topics covered include:
Trademarks
- Statutory framework and regulatory regime
- Categories and registration of trademarks
- nature of the trademark
- particular types of trademarks
- entitlement to register
- legal and practical requirements
- application to register and consequences of registration
- correcting errors post registration
- amendments
- expungement
- Transfer and licensing issues
- Trademarks Act offences and punishment
- Confusion between marks
- tests for determining
- statutory criteria
- evidence of actual confusion
- famous trademarks
- Infringement proceedings
- what constitutes infringement
- procedure, evidence and proof
- available remedies
- defences to infringement suits
- detention of goods on importation or exportation
- implied warranty
Passing Off and Unfair Competition
- Common law
- Confusion
- Torts of passing off and misappropriation of personality
- Imitations, identical goods and domain names
- Statutory regime
- application of Trademarks Act and Competition Act
Table des matières
I. Regulatory Framework
1. International Conventions
2. Constitution
3. Common Law
4. Statutes
II. Trademarks
1. Categories of Trademarks
2. Registration
3. Transfer and License
4. Infringement
5. Confusion
6. Trademarks Act Offences
III. Passing Off and Unfair Competition
1. General
2. Common Law
3. Statutory Regime
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