Archive for July, 2006

DAMYLIN not confusing with CALMYLIN for Cough Syrup

Thursday, July 27th, 2006

Last week, in Ratiopharm Inc. V. Laboratoires Riva Inc. 2006 FC 889, the Federal Court held that the trade-mark DAMYLIN was not confusing with the mark CALMYLIN, even though both are used on cough syrup.

Calmylin had been in use since at least the early 1980’s, and Damylin since 2002. There was no […]

Person Requesting Re-examination Should Be A Respondent in Subsequent Appeal

Monday, July 24th, 2006

In Genencor International, Inc. v. Canada (Commissioner of Patents), the Federal Court recently held that a non-patentee who requests a re-examination of a patent, under subsection 48.1(1) of the Patent Act, ought to be listed as a Respondent in the Style of Cause of any subsequent appeal by the patentee of the Re-examination Board’s decision.

In […]

New Canadian IP Blog?

Monday, July 24th, 2006

It looks like the law firm of Clark Wilson LLP is starting up a new blog entitled “Canadian Trademark Blog”.

Unfortunately, the single post (July 4th) is just the Word Press “Hello world!” place holder.

Hopefully the blog’s authors, Neil Melliship, Larry Munn and Karen Monteith, will start to put some postings up soon. […]