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Halsbury's Laws of Canada – Trademarks, Passing Off and Unfair Competition (2025 Reissue)

This title 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. It is an important and authoritative resource for Canadian legal practitioners.

Langue de publication: English

Publié: 15 janvier 2025

Éditeur: LexisNexis Canada

Format du produit Détails Qté
Livre
345,00 $
En inventaire ISBN: 9780433534525
Hardcover | 528 pages

 

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Achieving distinctiveness in a sea of product overload is a key goal of most business clients. So too 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 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 the area essential for most lawyers.

Newly revised and thoroughly updated, Halsbury's Laws of Canada – Trademarks, Passing Off and Unfair Competition (2025 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 the late Honourable Roger Hughes, Sanjukta Tole and Sebastian Beck-Watt, 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 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
    • test 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

View the table of contents

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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