How Well-Known is Jack Black in Canada?

By Sarah D. PinsonnaultFor a trade-mark to be registrable in Canada, it cannot, inter alia, consist of the name or surnameof a living individual or one who has died within the preceding thirty yearspursuant to section 12(1)(a) of the Trade-marksAct. In Jack Black L.L.C. v. Canada (Attorney General), 2014 FC 664, thetrade-mark at issue was that of the name JACK BLACK (the “Trade-mark”). Forthose of you whom the name “Jack Black” does not ring a bell, he is an Americanactor who has starred in such films as King Kong, Kung Fu Panda, and TropicThunder (just to name a few). In light of this, the Registrar of Trade-Marks deemedJACK BLACK non-registrable “since JACK BLACK is an internationally renownedactor, comedian and musician”. This decision therefore consists of the judgmentrendered by the Federal Court upon the appeal by the Applicant of the Registrar’sdecision. Context The Applicant first began using the Trade-mark in Canada… Lire la suite