Intellectual Property
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October 24, 2025
Lavery expands with 7 new lawyers across Quebec offices
Lavery has added seven new lawyers to its Montreal, Quebec City and Trois-Rivières offices: Stephanie Cech, Laurence Isabelle, Philippe Juhos, Myriam Lachance, Arianne Leduc, Jessy Menard and Arielle Supino.
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October 23, 2025
Federal Court of Appeal overturns patent ruling over claim differentiation error
The Federal Court of Appeal has partly overturned a ruling on a fracking tool patent, finding the trial judge misapplied the principle of claim differentiation by concluding that the limitations of a dependent claim must be excluded from its corresponding independent claim.
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October 23, 2025
Crunch: Making the legal case for snack foods
Potato chips and related crunchy snack foods have long held a cherished place on Canadian tables, symbolizing both comfort and indulgence. Behind the satisfying crunch of every bite lies an intricate tapestry of regulations and legal considerations. These legal factors, which influence every stage of a product’s life, from initial development to final consumption, ensure that consumers receive safe, accurately labelled and well-marketed products.
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October 22, 2025
Court sets aside expungement of video game trademark due to notice issue
The Federal Court has set aside a decision of the registrar in a case where a video game company claimed it did not receive notice of a challenge to its trademark resulting in it being expunged.
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October 21, 2025
Trademark confusion and nature of the parties’ goods and business and trade
The Federal Court considered whether the Trademarks Opposition Board was wrong to find that the nearly identical trademarks CHEFS-OWN for bean sprouts and CHEF’S OWN for sauces and seasonings could coexist because the channels of trade and the nature of the goods were sufficiently dissimilar that confusion was unlikely?
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October 21, 2025
Parliamentary privilege, Indigenous sentencing, spoliation among highlights of SCC’s fall session
The Supreme Court of Canada’s busy and diverse fall session includes weighty constitutional, criminal and Aboriginal law appeals that have attracted the participation of dozens of interveners. By the time the top court’s fall session ends on Dec. 12, 2025, the court will have heard some 20 cases, split between civil and criminal appeals.
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October 17, 2025
Timothée Doutriaux joins Smart & Biggar
Smart & Biggar has named Timothée Doutriaux as a patent agent joining the Patents: EICT group in Ottawa and Montréal.
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October 16, 2025
Swapna Prakash new associate at Gilbert’s LLP
Swapna Prakash is a new associate at Gilbert’s LLP, where she will support the litigation team.
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October 15, 2025
Federal Court overturns TMOB ruling for narrowing confusion test to past use
The Federal Court has set aside the Trademarks Opposition Board’s (TMOB) dismissal of a trademark opposition, ruling that the board erred by limiting its confusion analysis to the opponent’s actual use of its mark rather than the full scope of its registration.
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October 14, 2025
AI in criminal law practice: Risks, realities, and practical applications
AI has made a lot of news in the past few years. It can generate music, do homework and even be your girlfriend. Law hasn’t been immune to the AI craze, either. However, there have been challenges in successfully integrating AI into law practices.