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Intellectual Property: Chapter 22 *short answer stuff!
1. Definition
a. Designed to protect the stuff the company puts into their business
b. Statutory
2. Trademarks at Common Law
a. Passing-off
i. Definition: is the misrepresentation of goods or services in
such a way as to deceive the public into believing that they are
the goods or services of some other person, thus causing
damage to that other person
ii. Requirements: **know this! (has to have all 4)
1. Plaintiff’s goods or services enjoy a reputation
2. Defendant misrepresented good, service or business as
that of the plaintiff
3. Actual or likely confusion by the public
4. Plaintiff suffered damage
b. Business Names
i. At common law, business name is protected
ii. Have to register name under the business names act
3. Trademarks Under the Trademarks Act (Canada)
a. Registration under the act
i. Not required to sue in passing-off
ii. Gives additional rights under the act
b. Rights obtained as a result of registration
i. Tells you how you can register
ii. Have to BE the owner of the trademark at the time of
iii. Exclusive rights to use across Canada
iv. Prohibits others to do so
c. Protection obtained as a result of registration
i. Good for 15 years,
ii. Endlessly renewable
4. Damages for Breach
a. Damages for injury to Good Will
b. Accounting of profit
c. Injunction to refrain from infringement
d. Seizure of offending wares
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