INTRODUCTION 

There are many similarities between Canadian and American trade-mark practice, such as the overall steps in the application process. However, sometimes Canadian lawyers and clients make erroneous assumptions about US trade-mark laws that can have a significant impact on a trade-mark portfolio. Likewise, some US lawyers and clients incorrectly assume more similarity between US and Canadian laws than actually exists. This article gives an overview of some of the similarities and differences between Canadian and US trade-mark practice so brand owners can structure their affairs accordingly when managing a cross-border trade-mark portfolio.

SOME SIMILARITIES

1. “First to File” 

In . . . [more]

Fact, Fiction, and Case Citations

The time is approaching for work to begin on the new edition of the Canadian Guide to Legal Citation. The next edition could prove to be a breakthrough edition if the editors choose to end the fiction that print law reports still matter in legal research.

Just as the current edition took a major step forward by elimination of the heretofore sacrosanct, but totally useless period, in legal citation, the editors of the Guide to Canadian Legal Research are able to introduce reality into the practice of citing court decisions by a few simple . . . [more]

Out of touch in Hawaii

It was late October, 1992, and I was in Honolulu. I had been fortunate enough that year to have had the means to attend the annual meeting of Westpac, the western Pacific chapter of the American Association of Law Libraries. And so, on Saturday, October 24, I was at one of the social events of the conference, a luau, when I heard the news that the Toronto Blue Jays had won the World Series. It was easy to get that news, because several of the attendees had brought radios with them to the . . . [more]

I am a big believer in lawn chair thinking. The expansive, blue sky imagining that can take place on summer holiday sitting by the lake, by the pool, or simply somewhere nice. For a moment a space is opened up in life and there is time to contemplate.

I also greatly appreciate the thinking that takes place under the conscious surface of the mind when we are otherwise occupied with other tasks and which announces itself with a “eureka” splash and at other times with a gentle slide into awareness “ahh”.

Margaret Wheatley, a leading writer and thinker about . . . [more]

The UK summer of sport was to be my topic this month, but Michel-Adrien has done a far better job than me recently in SLAW, so I take this opportunity instead to shamelessly promote three resources our staff provide for the use of the global legal community. The services are indexes to legal information which may be difficult to locate in other ways. The first is an index to the title, author and subject of legal dissertations written around the late 19^th / early 20^th centuries, which we call our Foreign Dissertations Database.

The second is an . . . [more]

Marketing is hard work, especially when you are constantly trying to get new clients in the door. One way that lawyers can get “new” business is by concentrating on their existing and former clients. People like to work with people they know, like and trust. It takes time to reach that point. Your existing and former clients have used your services in the past, or are using them now. They already know you. A level of trust has been established. It will be much easier to get additional work from those clients than it will be to get work from . . . [more]

[Sean Dwyer assisted in the preparation of this column.]

Like many others, we have, on this blog and elsewhere, claimed that online dispute resolution (ODR) platforms and processes constitute an extremely useful tool for conflict resolution. This being said, it is unfortunately possible to assert that a majority of attempts to create a system for ODR have fallen short of expectations, making our assertions seem somewhat difficult to defend. However, we remain convinced that the fault doesn’t lie with the technology or the concept, but rather that ODR’s failure is in large part due to the absence of obligation . . . [more]

The on-going debate on whether women lawyers can hold demanding jobs, especially at senior levels while also raising children, has exploded with this month’s article in The Atlantic magazine, “Why Women Still Can’t Have It All”. 

This well-written, lengthy article by a lawyer and professor at Princeton who gave up her dream job working with Hilary Clinton at the State Department in Washington, DC to return to Boston to be more present with her teenage sons, has sparked debates from the New York Times to the Globe and Mail. The Atlantic reports the article has broken readership records . . . [more]

Why do we care about deleting data from mobile devices? Usually, we are trying to get back data that we inadvertently deleted. It could be that we “fat fingered” an e-mail or text message or blew away a photo that we really wanted to use as a background image. But what about when we are upgrading our smartphones, iPads or other mobile devices? Do you really know what confidential or personal information resides within the memory of your prized possession? As lawyers, we have an ethical obligation to protect the information of our clients. This means that we better be . . . [more]

Summer is here, golf courses are packed, people are at the summer cottage and your marketing department is likely already looking into this holiday gifts. Seems crazy but it’s true. This year the first contact I had from a supplier regarding holiday gifts was just after Victoria Day in May.

Each year marketing departments try to come up with new and unique yet a generic enough gift that will make the masses happy. For smaller firms and sole practitioners this can be somewhat easier as they have the ability to purchase individual gifts and can do it later in the . . . [more]

Have you applied for insurance and been told there will be a contractual exclusion or increased premium?

It’s more common than you might think.

When a broker provides you with a life, disability or health insurance proposal, the price and contractual benefits assume that you are eligible as quoted.

Insurers will not make you an offer of insurance unless the odds of making a profit are in their favour and most people will receive an insurance offer exactly as quoted. However, there are times when an insurance applicant represents a financial risk that exceeds the insurer’s assumptions due to a . . . [more]

Co-authored by Anh Huynh, the Competitive Intelligence Manager at Davis LLP

There are fads and good ideas: distinguishing between the two is not easy, but that does not mean we should not be willing to try something new. By informing ourselves, reading the pulse of our institution and using our own good judgement, we are more than prepared to identify an unmet need in our information services and how to fill it.

A number of years ago I kept hearing about CI (Competitive Intelligence). I read articles, went to sessions at conferences and was generally finding that CI was moving . . . [more]