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Halloween arrived earlier this year in some parts of the United States. In August, 2013 BuySeasons Inc. applied for and received trademark approval for the term “Orange Tuesday”. Serial Number 86040635. A Wisconsin-based company specializing in Halloween costumes and party accessories, BuySeasons Inc.’s ORANGE TUESDAY trademark protects: Advertising, marketing and sales promotion services in the field of costumes, clothing and footwear, dress-up clothing, masks, wigs, costume props, costume and theatrical makeup, party supplies,…
By Allyson Whyte Nowak (Canada) A recent decision from the Ontario Superior Court of Justice in Rhéo Thompson Candies Limited v. Thompson confirms that an injunction will not issue to prevent the continued infringement of a registered trade-mark unless the owner of the mark can show that in the absence of an injunction, damages cannot be quantified or no remedy is possible. See Rhéo Thompson Candies Limited v. Thompson (2013, ONSC 4932) Competing chocolatiers battle over…