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  • The Growth of Canadian Intellectual Property Law and Practice ( June 2005 )

    The year 2004 was a noteworthy one in Canadian intellectual property ("IP") litigation, with several developments to report in respect to both law and practice. The majority of IP disputes continue to be litigated within Canada's federal court, which enjoys concurrent jurisdiction with the provincial superior courts over causes of action based on the federal Copyright Act, Patent Act and Trade-marks Act. The federal court is perceived as having superior experience in IP matters. The provincial courts maintain exclusive jurisdiction over causes of action that are founded solely on the common law.
  • Use It or Lose It: The Importance of Verifying Trademark Use ( October 2004 )

    A recent trademark administrative decision highlights the importance for in-house counsel and trademark managers of verifying the use of a trademark when obtaining or maintaining a U.S. trademark registration. The penalty for overstating the use of a trademark is losing the application or entire registration, which may turn a trademark owner with senior rights into a potential infringer with junior rights. This article will discuss the <i>Medinol Ltd. v. Neuro Vasx</i> case, and offer practical tips to trademark owners on how to satisfy use requirements.
  • The Madrid Protocol: Findlaw Interview with Mark A. Steiner and Mary L. Shapiro of Townsend and Townsend and Crew LLP ( October 2003 )

    Findlaw Interview by David Goguen.
  • The Madrid Protocol: Pondering the Panacea and Pitfalls ( November 2003 )

    As of November 2, 2003, a single application filed electronically with the United States Patent and Trademark Office (USPTO), and administered by the World Intellectual Property Organization (WIPO), could potentially result in trademark protection in any or all of the 58 Madrid Protocol member countries. But U.S. trademark owners wanting to protect their trademarks beyond the U.S. border should proceed with caution, however, as looks may be deceiving.

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