Monthly Archive: March 2017

Nelson (City) v Mowatt : Don’t Apply the Inconsistent Use Doctrine in BC (and Don’t Meddle with the Trial Judge)

In Nelson (City) v Mowatt, 2017 SCC 8 [Mowatt], the Supreme Court of Canada (“SCC”) recently found that the British Columbia Court of Appeal (“BCCA”) erred when it interfered with...

Vancouver Community College v Vancouver Career College: Rights of Trademark Owners versus Online Advertising

Canadian legislation differentiates between “official marks” and “trademarks.” The Trade-marks Act, RSC 1985, c T-13 [TMA] legislates both trademarks and official marks. Any entity which qualifies as a “public authority” may request that...