Law 2101 Lecture Notes - Lecture 9: Mega Brands, Patent Examiner, Famous Brands
9 Feb 2017
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Words, logos, symbols that distinguish goods or services. Trademarks protect against infringing use, but only in respect to specific goods or services. Ca(cid:374)ada does (cid:374)ot ha(cid:448)e a (cid:862)fa(cid:373)ous (cid:271)ra(cid:374)ds(cid:863) (cid:272)o(cid:374)(cid:272)ept like the u a. Passing off requires: goodwill or reputation in trademark (of plaintiff, misrepresentation to public (by defendant, damages courts look if there is a likelihood of confusion tort. Trademark dilution involves using a mark in a non-confusing manner that tarnishes another mark or diminishes its value: using a mark in some derogatory use. Damages accounting of profits: any money made selling fake bags, profit should be transferred for unjustly profiting injunction. Delivering up: handing over inventory of infringing product. Harvard college v. canada (commissioner of patents) (2002) scr. President and fellows of harvard college seeks to patent a mouse that has been genetically altered to increase its susceptibility to cancer, making it useful for cancer research and extending to all non-human mammals that have been similarly altered.
