The Federal Court – Why Seek Injunctions Anywhere Else?

Successful interlocutory injunctions in trade-mark proceedings before the Federal Court were once considered to be as rare as Sasquatch sightings. A substantial hurdle for moving parties requesting such relief has been demonstrating irreparable harm. However, the decision issued last week in Sleep Country Canada Inc. v Sears Canada Inc, 2017 FC 148 [Sleep Country] further signals the Federal Court’s readiness to conclude that certain harms are impossible to calculate and, therefore, qualify as irreparable.

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Have Online Services Transformed Into Goods Under the Trade-Marks Act?

On February 18, 2016, the Federal Court, in Specialty Software Inc. v. BEWATEC Kommunikationstechnik GmbH, 2016 FC 223 (“Specialty), overturned a decision of the Registrar of Trademarks. In doing so, the Court may have broadened the scope of “goods” under the Trade-Marks Act (the “Act”) and called into question many software-related marks relating to services.

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