Jean-Sébastien Dupont

Another milestone has been reached in a case between tobacco industry giants Imperial Tobacco Canada Limited and Philip Morris, together with and its Canadian subsidiary Rothmans, Bensons & Hedges. On March 23, 2015, the Federal Court confirmed that Imperial Tobacco is entitled to elect an accounting of Philip Morris’ profits resulting from the infringement of its rights in the MARLBORO trademark in Canada...

Quoted in the Financial Post, March 25, 2015… Show more

Another milestone has been reached in a case between tobacco industry giants Imperial Tobacco Canada Limited and Philip Morris, together with and its Canadian subsidiary Rothmans, Bensons & Hedges. On March 23, 2015, the Federal Court confirmed that Imperial Tobacco is entitled to elect an accounting of Philip Morris’ profits resulting from the infringement of its rights in the MARLBORO trademark in Canada...

Quoted in the Financial Post, March 25, 2015 (http://business.financialpost.com/legal-post/tobacco-giant-philip-morris-must-disgorge-profits-from-marlboro-trademark-infringement) Show less

Employees are the source of some of their employer’s most valuable intangible assets, that is, intellectual property assets. In this context, it is paramount for businesses to ensure that they own the intellectual property assets generated by their employees. In Canada, the rules that apply to employer-employee relationships vary greatly between copyright, patents and industrial designs. Any business having employees in Canada should be aware of these unique rules and, to avoid any uncertainty,… Show more

Employees are the source of some of their employer’s most valuable intangible assets, that is, intellectual property assets. In this context, it is paramount for businesses to ensure that they own the intellectual property assets generated by their employees. In Canada, the rules that apply to employer-employee relationships vary greatly between copyright, patents and industrial designs. Any business having employees in Canada should be aware of these unique rules and, to avoid any uncertainty, put in place contracts including the appropriate clauses pertaining to the transfer of intellectual property rights. Show less

On April 9, 2014, the Québec Superior Court issued its long-awaited decision in the matter of the interpretation of Québec’s Charter of the French language (the “French Charter”) and its interplay with trade-marks. The Court confirmed that businesses can continue to use their registered trade-marks on public signs outside their premises in the Province of Québec without the need to add French generic language.

The way businesses market their products and services has dramatically changed and evolved over the last 125 years and so has the way trade marks are used. In the first chapter, two non-traditional ways of using trade marks, namely invisible use and subliminal use, are introduced. In the second chapter, we review the current approach to trade mark use taken by the CJEU over the last ten years and how invisible and subliminal use are likely to be dealt with under that approach. It is then argued… Show more

The way businesses market their products and services has dramatically changed and evolved over the last 125 years and so has the way trade marks are used. In the first chapter, two non-traditional ways of using trade marks, namely invisible use and subliminal use, are introduced. In the second chapter, we review the current approach to trade mark use taken by the CJEU over the last ten years and how invisible and subliminal use are likely to be dealt with under that approach. It is then argued that this approach is ill-founded and flawed. In the last chapter, we turn to a historical study of the evolution of the traditional approach based on consumer perception and expectations that was followed by British courts before the Trade Marks Directive. Ultimately, it is suggested that the functions-oriented approach of the CJEU should be abandoned in favour of that traditional approach. Show less

Why surveys are useful. Trade-mark law is all about consumers' perception. Beyond marketing strategies, advertising campaigns, market shares and sales figures, there is essentially only one valid and reliable way to help establish how consumers view a trade-mark and the products or services in association with which it is used, and that is survey evidence.