FDH Law Blog

Friday, September 23, 2016

When you decide to purchase a new home, there will be costs to pay beyond the down payment and mortgage that you need to budget for. A few of these costs or disbursements occur at the beginning of the home buying process, but most of them will be due at the end as part of finalizing your home purchase. Many of the costs are outlined here below and can be discussed further with your real estate lawyer in Oakville or Burlington at Feltmate Delibato Heagle LLP. Read more...

Friday, September 16, 2016

Billion dollar blockbuster?  You can be sure there will be lawsuits to follow.  They will claim that stories they wrote while being employed by a movie studio, stories they wrote in their own published books, and stories they wrote on napkins during a moment of inspiration and sent to movie directors, were stolen to create Hollywood’s newest blockbuster.  Surely there exists some legal protection against movies being made based on previously existing stories.  But how far does that protection extend?  When are the limits of protection reached? Read more...

Monday, April 04, 2016

It's easy to get caught up in the excitement and anxiety of buying your first home. The purchase is likely the largest you have ever made and it may be where you plan to raise a family. In order to ensure that you first home purchased is handled properly, you will want to use an experienced real estate lawyer who can help you navigate through the process. Your Oakville or Burlington real estate lawyer can review the agreements, advise you, inform you of government programs that may apply to you, protect you legally and financially where possible and act on your behalf in order to close the deal effectively. Read more...

Tuesday, July 28, 2015

The passage of the Digital Privacy Act (“DPA”) enacts long-awaited changes to the Personal Information Protection and Electronic Documents Act (“PIPEDA”).  The most important changes are summarized below. Read more...

Monday, June 08, 2015

Picking the Right Trademark – Two Guiding Principles

There are many considerations and legal requirements that you have to take into account before you choose what trademark your business will use.  That said, there are two considerations that you must always consider when picking a trademark; one, is the trademark confusing with any other trademark; and two, does the trademark have inherent strength.

No Confusing Trademarks

Before we talk about how to choose your trademark, it is useful to know what kinds of trademarks the law does not want you to adopt and use.  Trademark law can be used to stop you from adopting and using trademarks where there is a likelihood of confusion between the trademark you propose to adopt and use and other trademarks.

The law considers the likelihood of confusion from the perspective of a hurried consumer in a rush with imperfect recollection.  The law evaluates whether there may be a likelihood of confusion between trademarks by assessing all the surrounding circumstances.  In particular the law will always consider five factors, namely, how distinctive the trademarks are and the extent to which they have become known, the length of time the trademarks have been in use, the nature of the products, services, or business, the nature of the trade, and the resemblance between the trademarks in appearance, sound, or the ideas suggested by them. Read more...

By Ryan Smith
rsmith@fdhlawyers.com

Friday, August 29, 2014

Your marketing needs to be truthful.  A simple thing to say.  It’s much more difficult to put into practice.

Every business markets itself.  Whether that marketing takes the form of magazine advertisements, billboards, social media advertisements, or flyers, your marketing message has to connect with your target market.  And connecting to your target market has to involve more than merely publicizing your name.

Is the Marketing Deceptive?  Whose Perspective Decides?

When you create marketing materials, it’s not a wild west.  There are established rules that have to be followed.

Marketing materials cannot contain, either direct or implied, inaccurate or deceptive claims, statements, illustrations or representations about a product or service.

However, it’s not the intention or perspective of the sender you need to look at when determining if a message is truthful or accurate.  Rather, you have to look at how consumers receive or perceive the message, for example, by looking at the general impression the marketing conveys.

Furthermore, marketing cannot omit relevant information which results in deception.  And information appearing in the footnotes must not contradict more prominent aspects of the message. Read more...

 

Friday, August 15, 2014

Scotiabank purchased ING Bank of Canada in 2012.  As a term of the purchase agreement, Scotiabank was only permitted to use the ING trade-mark for a period of time.  That time has since expired and Scotiabank has rebranded ING Bank of Canada as TANGERINE – maintaining the ‘orange’ theme.  This rebranding has involved brochures, websites, business cards, letterhead, signage etc.

Unfortunately, another party, RSP Generation LP, claims that it owns the TANGERINE trade-mark and has used it before the former ING Bank of Canada did.   RSP Generation LP has filed a lawsuit to enforce its alleged rights.  The evidence that RSP Generation LP has submitted to substantiate their use of the trade-mark may not be sufficient to establish use.  As no settlement has been reached between the parties, it appears that the issue will be decided by the courts.  Read more about the story by clicking here.

 

By: Ryan Smith

rsmith@fdhlawyers.com