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South Africa: Decision Raises Bar For Proving Similarity Between Goods And/Or Services - Spoor & Fisher

An appeal by the Foschini Group, the proprietor in South Africa of the trade mark DUE SOUTH in various classes, to overturn a decision by the Registrar of Trade Marks to accept applications by Jan Frederick Coetzee for registration of the trade mark DUE-SOUTH & DEVICE in classes 16, 29, 30 and 41 was recently dismissed by the North Gauteng High Court.

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Found more than 1 month ago on channel Mondaq

Canada: Avanti v. Argex, 2012 ONSC 4395 - McCarthy Tétrault LLP

In this case, the Ontario Superior Court applied the real and substantial connection test developed by the Supreme Court of Canada in Van Breda to an application concerning a dispute over the termination of a mining services agreement.

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Found more than 1 month ago on channel Mondaq

Canada: Search Warrants Issued Under The Criminal Code: Quebec Court Of Appeal Clarifies The Appropriate Procedure - Norton Rose Canada LLP

In Express Transaction Services Inc v Canada (Attorney General),1 the Quebec Court of Appeal reiterated that an application challenging the validity of a search warrant’s issuance can only be used to question the jurisdiction of the issuing judge, and not the legality of the information relied upon.

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Found more than 1 month ago on channel Mondaq