Canadian Wine Shipping Reform Bill Passes Second Reading

Bill C-311, An Act to Amend the Importation of Intoxicating Liquors Act, has passed second reading in the Canadian House of Commons and now proceeds to the House Finance Committee. Bill C-311, if passed at third reading, will reform The Importation of Intoxicating Liquors Act, a 1928 federal law which prohibits the inter-provincial shipment of … Continue reading

Think You Can Make Your Trade-mark Not Deceptively Misdescriptive By Stating the Country of Origin on the Product Packaging? Think Again…

Canada’s Federal Court of Appeal has upheld an Trade-marks Opposition Board decision stating that a trade-mark is still deceptively misdescriptive of a product’s country of origin even if the product’s packaging contains an accurate country of origin statement.

Update on Labatt v. Brick Brewing Lawsuit over Lime Beer

Anheuser-Busch and Labatt amended their Statement of Claim in Brick Brewing lime lawsuit.

Molson sues Labatt over mountain trade-mark

Molson Coors has sued Labatt, alleging that a mountain logo used in advertising for Labatt’s Kokanee product is confusingly similar to the Coors Light mountain logo.

Anheuser-Busch and Labatt see red over Brick Brewing’s lime green

Anheuser-Busch and Labatt have launched a lawsuit against Brick Brewing, claiming Brick’s Red Baron Lime labels and marketing materials infringe the plaintiffs’ trade-mark rights related to their Bud Light Lime product.

GLEN BRETON appeal dismissed by the Supreme Court of Canada

The Supreme Court of Canada dismissed the Scotch Whisky Association’s application to appeal the allowance of the GLEN BRETON trade-mark registration. The Supreme Court dismissed the leave application with costs. As usual, the Supreme Court did not provide reasons for the dismissal. The Supreme Court’s decision means that the Federal Court of Appeal’s decision to … Continue reading

Decision in GLEN BRETON leave application due Thursday

The Supreme Court of Canada announced this morning that it is scheduled to rule on the GLEN BRETON leave application at 9:45 a.m. Thursday, June 11. As usual, it is possible that the Court may delay its ruling. This blog will continue to report updates on the GLEN BRETON case. In case you missed it, … Continue reading

South of the border: U.S. Federal Court of Appeals says “nyet” to TTAB’s decision on MOSKOVSKAYA

Robert Lehrman of Bevlog brought to my attention a recent U.S. Federal Court of Appeals decision concerning the registrability of a vodka trade-mark, MOSKOVSKAYA, applied for by Spirits International, N.V. The case is interesting in that it shows that in the U.S., the relevant population for assessing a foreign language trade-mark is the relevant consuming … Continue reading

Scotch Whisky Association appeals the GLEN BRETON decision

The Supreme Court of Canada’s online docket indicates that the Scotch Whisky Association (SWA) applied for leave to appeal the Federal Court of Appeal’s decision (discussed here) allowing Glenora Distiller’s GLEN BRETON trade-mark application. On average, the Supreme Court takes approximately three (3) months to decide whether it will hear an appeal. Watch this space … Continue reading

The word “Glen” can be used in non-Scottish whisky trade-marks

In the latest battle in the fight between Glenora Distillers and the Scotch Whisky Association over the GLEN BRETON trade-mark, the Federal Court of Canada (FCA) recently allowed the registration of the GLEN BRETON trade-mark trade-mark for single-malt whiskey. The FCA ruled that the word “glen” does not designate a whisky’s country of origin and is therefore not a generic term that is an unregistrable trade-mark under Canada’s Trade-mark Act. The Association is considering a further appeal

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