Canada: Trademark Assignments: “Inexcusable Activity” Will Cost You
In a recent Federal Court decision, Justice Barnes issued a harsh rebuke to parties who had deliberately misled the Registrar of Trademarks into recording a trademark assignment, by omitting relevant parts of the underlying agreement and the dispute between the parties about the agreement.
In 2012, Red Cat and Dayton Enterprises entered into a poorly drafted asset acquisition agreement filled with prospective language, such as “will acquire”, “will provide”, and “will be granted”. As part of […]