Topic
Goodwill Depreciation
4 published works
The Brand Protection Blog
Breaking new ground(s)? McDonald’s opposes “McMortgage” citing depreciation of goodwill
By NRF Digital Team, Elizabeth Williams (CA)
For the first time ever, Canada’s Trademark Opposition Board (TMOB) has held that a ‘depreciation of goodwill’ claim can serve as a valid ground of opposition in trademark opposition proceedings.…
ILN IP Insider
BUSINESSES BEWARE: DEPRECIATION IN GOODWILL CLAIMS NOT BOUND BY INDUSTRY LINES
By Colleen Spring Zimmerman of Fogler Rubinoff, Catherine Hart at Fogler Rubinoff
The Federal Court of Canada (the "FCTD") recently released Toys "R" Us (Canada) Ltd v Herbs "R" Us Wellness Society, in which it considered whether a cannabis company, Herbs "R"…
The Brand Protection Blog
Goodwill Hunting: Herbs R Us depreciates the goodwill of Toys R Us
Trademark owners often face challenges when attempting to enforce against non-confusing third party trademark use, for example, where someone has adopted a “parody” mark, where the mark may be similar…
The Brand Protection Blog
Harley revs up big brand power in depreciation of Goodwill challenge
By Brian Gray (CA), Kristin Wall, Karen Sie (CA)
Summary In a recent decision, the Federal Court determined that Harley-Davidson was entitled to use its SCREAMIN’ EAGLE trade-mark, in association with its registered HARLEY-DAVIDSON trade-mark, to sell clothing in…