Kirkbi AG V Ritvik Holdings Inc
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Kirkbi AG V Ritvik Holdings Inc
''Kirkbi AG v. Ritvik Holdings Inc.'', popularly known as the Lego Case, is a decision of the Supreme Court of Canada. The Court upheld the constitutionality of section 7(b) of the ''Trade-marks Act'' which prohibits the use of confusing marks, as well, on a second issue it was held that the doctrine of functionality applied to unregistered trade-marks. Background History of the ''Trade-marks Act'' While s. 91 of the ''Constitution Act, 1867'' gives the Parliament of Canada jurisdiction over copyright and patent matters, it is silent with respect to trademarks. However, the Judicial Committee of the Privy Council and the Supreme Court of Canada have both suggested in their jurisprudence that the ''Trade-marks Act'' is a valid exercise of the federal trade and commerce power. Lego and Mega Bloks Kirkbi AG, a member of The Lego Group, previously held patents in the design and form of Lego blocks, which had expired in Canada and elsewhere. Ritvik produced the pieces known as Mega ...
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Federal Court Of Appeal
The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "additional Courts for the better Administration of the Laws of Canada". In 1971, Parliament created the Federal Court of Canada, which consisted of two divisions: the Trial Division (which replaced the Exchequer Court of Canada) and the Appeal Division. On July 2, 2003, the ''Courts Administration Service Act'' split the Federal Court of Canada into two separate courts, with the Federal Court of Appeal succeeding the Appeal Division and the new Federal Court succeeding the Trial Division. Appellate jurisdiction The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada. Original jurisdiction The Federal Court of Appeal has original jurisdiction over applications for judicial review and appeals in respe ...
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The Lego Group
Lego A/S (trade name: The Lego Group) is a Danish toy production company based in Billund, Denmark. It manufactures Lego-brand toys, consisting mostly of interlocking plastic bricks. The Lego Group has also built several amusement parks around the world, each known as Legoland, and operates numerous retail stores. The company was founded on August 10, 1932, by Ole Kirk Christiansen. The name ''Lego'' is derived from the Danish words , meaning "play well". In the first half of 2015, The Lego Group became the world's largest toy company by revenue, with sales amounting to , surpassing Mattel, which had in sales. History The Lego company was founded in 1932 by Ole Kirk Christiansen, a carpenter whose primary business of producing household goods had suffered due to the Great Depression. Initially producing wooden toys, the company later developed a system of interlocking bricks. Manufacturing of plastic Lego bricks began in Denmark in 1947. After a fire in the woodworking ...
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Trademark Case Law
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ...
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Michigan State University College Of Law
The Michigan State University College of Law (Michigan State Law or MSU Law) is the law school of Michigan State University, a public research university in East Lansing, Michigan. Established in 1891 as the Detroit College of Law, it was the first law school in the Detroit, Michigan area and the second in the state of Michigan. In October 2018, the college began a process to fully integrate into Michigan State University, changing from a private to a public law school. The integration with Michigan State University was finalized on August 17, 2020. The college is nationally ranked within '' U.S. News & World Report's'' 201 Best Law Schools, landing in the 91st spot in the 2023 rankings. The ''Michigan State Law Review'', a legal journal published by MSU Law students, was ranked 48th in the 2022 Washington & Lee University School of Law ranking. For the class entering in 2021, the school had a 48.05% acceptance rate, 33.14% of those accepted enrolled, and entering students had a ...
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Michigan State Law Review
The ''Michigan State Law Review'' is a law review published by students at Michigan State University College of Law. It is the flagship journal of the school and it publishes five issues per year. According to the Washington & Lee Law Journal Ranking, ''Michigan State Law Review'' was the 48th highest-ranked flagship legal journal in 2022, a dramatic increase from its ranking of 332rd in 2003. The journal hosts an annual academic conference of global legal experts with past events covering issues such as autonomous vehicles, quantitative legal analysis, civil rights, and intellectual property. Professor David Blankfein-Tabachnick has served as Faculty Advisor of the journal since his appointment in 2016. In 2018, the journal began publishing an annual "Visionary Article Series," which features the work of one prominent legal scholar per year. ''Michigan State Law Review'' has published the works of numerous legal scholars, such as Robert Post, a legal scholar and former dean of Ya ...
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Federated Press
''This is not to be confused with the independent, research-based organization of Toronto, Canada, also called that targets executives, lawyers, professionals.'' The Federated Press was a left wing news service, established in 1920, that provided daily content to the radical and labor press in America, characterized widely from a mere "labor wire service" or "a kind of left-wing AP" to widely known for having "employed many Communist editors and correspondents," "so closely allied to the Communist party of America as to be regarded by the Communists as their official press association," or just "the Red's Federated Press." History Federated Press The People's Council of America, established in New York City in May 1917 and headed by Scott Nearing and Louis P. Lochner, produced a monthly publication called ''People's Council Bulletin'', which featured international news with an emphasis on the doings of the peace movement. The editor of this publication was Willia ...
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Peter Hogg
Peter Wardell Hogg (12 March 1939 – 4 February 2020) was a New Zealand-born Canadian legal scholar and lawyer. He was best known as a leading authority on Canadian constitutional law, with the most academic citations in Supreme Court jurisprudence of any living scholar during his lifetime, according to Emmett Macfarlane of the University of Waterloo. Early life and education Born in Lower Hutt, New Zealand, on 12 March 1939, Hogg attended Nelson College from 1952 to 1956. He earned his LLB from Victoria University College, a constituent college of the University of New Zealand, in 1962, his LLM from Harvard University in 1963, and his PhD from Monash University in Melbourne, Australia, in 1970. Career In 1970, he was appointed Professor of Law at Osgoode Hall Law School in Toronto and was appointed Dean in 1998. In 2003 he accepted a position as scholar in residence at the law firm of Blake, Cassels & Graydon LLP. Hogg wrote several books, including ''Constitutional Law of ...
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General Motors Of Canada Ltd
A general officer is an Officer (armed forces), officer of highest military ranks, high rank in the army, armies, and in some nations' air forces, space forces, and marines or naval infantry. In some usages the term "general officer" refers to a rank above colonel."general, adj. and n.". OED Online. March 2021. Oxford University Press. https://www.oed.com/view/Entry/77489?rskey=dCKrg4&result=1 (accessed May 11, 2021) The term ''general'' is used in two ways: as the generic title for all grades of general officer and as a specific rank. It originates in the Tudor period, 16th century, as a shortening of ''captain general'', which rank was taken from Middle French ''capitaine général''. The adjective ''general'' had been affixed to officer designations since the late Middle Ages, late medieval period to indicate relative superiority or an extended jurisdiction. Today, the title of ''general'' is known in some countries as a four-star rank. However, different countries use di ...
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Intra Vires
('beyond the powers') is a List of Latin phrases, Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Company, Companies and other legal persons sometimes have limited capacity (law), legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Primary and secondary legislation, Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate l ...
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Passing Off
Passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from misrepresentation. The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true. Passing off and trade mark law A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of a get-up (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks. Passing off is of particular significance where an action for trade mark infringement based on a registered trade mark is unlikely to be successful (due to t ...
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