Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Cláudio Antônio Klaus Júnior 

Today
Today

Puma’s “procat” Likely to be Confusing with Caterpillar’s CAT & Triangle Design

  • February 25, 2023
  • Jose Garcia-Bonilla

In Puma SE v. Caterpillar Inc., 2023 FCA 4, the Federal Court of Appeal (“FCA”) declined to set aside the Federal Court’s decision to refuse Puma SE’s (“Puma”) application to register its trademark “procat”. The FCA held that Puma failed to demonstrate any palpable or overriding error in the Federal Court’s analysis that “procat” would be confusing with Caterpillar Inc.’s (“Caterpillar”) CAT & Triangle Design Mark (the “Design Mark”) for use in association with athletic footwear and headgear.

Student Forum, Information Technology and Intellectual Property Law

Drawing the Line: Thom Browne Prevails in Parallel Stripe Case against Adidas

  • February 25, 2023
  • Alessia Monastero, associate and trademark agent at Bhole IP Law

On January 13, 2023, a final judgment was issued by the U.S. District Court for the Southern District of New York in adidas America, Inc., et. al., v. Thom Browne, Inc., 1:21-cv-05615. The defendant, Thom Browne Inc. (Thom Browne), was found not liable for trademark infringement and trademark dilution as brought by the plaintiffs, adidas America Inc. and adidas AG (Adidas). Adidas has since filed a notice of appeal.

Student Forum, Information Technology and Intellectual Property Law
photo of authors Sally Yoon and Imtiaz Karamat

Legal Tug-of-War: Protecting Privilege in Privacy Breach Disputes

  • February 25, 2023
  • Sally Yoon, student, Osgoode Hall Law School; M. Imtiaz Karamat, associate, Deeth Williams Wall LLP

Privacy breaches are becoming commonplace in today’s business landscape and cybersecurity is top of mind for many organizations - and for good reason. The 2022 Canadian Internet Registry Authority (CIRA) Cybersecurity Survey found that the number of breaches involving customer and employee information nearly doubled after the pandemic, and more businesses are reporting loss of customers from cyberattacks.

Student Forum, Information Technology and Intellectual Property Law

Five Tips for Working with Self-Represented Litigants in IP Matters

  • February 25, 2023
  • Kaitlin Soye

For a variety of reasons, litigants in Federal Court may choose to proceed with their action without legal representation. While it may be more common in provincial courts, self-representative litigants are involved in proceedings in Federal Courts, including intellectual property matters. Self-represented litigants and non-lawyer representatives may pose a challenge for lawyers and their clients, as well as the judicial system in general.

Student Forum, Information Technology and Intellectual Property Law
photo of Christine Roth with contact info for Roth Law Offices

Christine Roth: A force to be reckoned with

  • February 25, 2023
  • Angela Ogang, AngeLAW

Last year, just a few days before Christmas, I sat down with my fellow OBA WLF Exec and OBA Council member Christine Roth to talk about her career path, personal motivators, and passion for Indigenous rights and access to justice. I was surprised to learn that she grew up in Iran and was one of the first people to be blacklisted during the Islamic coup d’état. As our discussion drew to a close, I was left feeling that I had barely scratched the surface of her complex and rich experiences.

Women Lawyers Forum, Student Forum

New Options for Proof of Service

  • February 25, 2023

As of January 30, 2023 a lawyer's certificate of service may be used as an alternate method of proof of service where service was effected by, or caused to be effected by the lawyer.

Student Forum, Trusts and Estates Law
photo of Nandi Deterville

Executive Profile: Introducing Nandi Deterville

  • February 24, 2023
  • Angela Ogang, Newsletter Editor, OBA Citizenship & Immigration Law Section

Here at the OBA Citizenship & Immigration Law Section, we are proud of our volunteers and we are constantly looking for ways to highlight their work and achievements. Member-at-Large Nandi Deterville was born and raised in the sunny Caribbean Island of Saint Lucia. She was called to the Bars of England & Wales and Saint Lucia in 2008 and practiced in a small general practice firm before immigrating to Canada. Read on to find out what motivated her to join the OBA and our Section Executive.

Women Lawyers Forum, Citizenship and Immigration Law, Student Forum
photo of Daud Ali

Executive Profile: Introducing Daud Ali

  • February 24, 2023
  • Angela Ogang, Newsletter Editor, OBA Citizenship & Immigration Law Section

Here at the OBA Citizenship & Immigration Law Section, we are proud of our volunteers and we are constantly looking for ways to highlight their work and achievements. Daud Ali has been on the Executive for the past six years and currently serves as one of the CPD Liaisons. Daud enjoys the challenge of helping corporate clients find global mobility solutions to their business needs in spite of the delays that clients are experiencing with the processing of files.

Citizenship and Immigration Law, Student Forum
photo of Clinton Green

Executive Profile: Introducing Clinton Green

  • February 24, 2023
  • Angela Ogang, Newsletter Editor, OBA Citizenship & Immigration Law Section

Here at the OBA Citizenship & Immigration Law Section, we are proud of our volunteers and we are constantly looking for ways to highlight their work and achievements. Our CPD Liaison Clinton Green grew up in Jamaica and is a strong believer in lifelong learning, collaboration, and the need to increase representation of Black lawyers both in the membership and the Executive. Read on to find out why all these things are important to him and what he enjoys most about practicing immigration law.

Citizenship and Immigration Law, Student Forum