In Canada, copyright protects original creative works. Copyright protection is usually found in the following categories of works: literary, dramatic, musical and artistic as well as performer’s performances, sound recordings and communication signals. Owning the copyright to a work allows you to prevent others from producing or reproducing all or a substantial part of your work in any form without…
In today’s information and technology age, trade-marks are becoming increasingly the most valuable assets of company’s and businesses. As such, trade-mark licensing, including promotional or product licensing and franchise licensing, are effective tools for trade-mark owners to capitalize on such assets. Trade-mark licenses are therefore an effective tool to maximize brand exposure and revenue through use of a trade-mark by…
Canada recognizes common-law trade-mark rights based on use, including actions for passing off. In addition, Canada has a federally enacted Trade-marks Act that provides additional remedies, including remedies for passing off. The Trade-Marks Act permits a party to sue for: false and misleading statements that tend to discredit the business, goods or services of a competitor; passing off; and descriptions of…
Trade-mark applications in Canada, once accepted by the relevant trade-mark office, are open to opposition by third parties. In Canada, any person is entitled to start an opposition to a trade-mark, provided that such person relies on at least one of the grounds of opposition set out in Section 38 of the Trade–marks Act Grounds of Opposition Unlike…
In today’s digital and social media age (Facebook, Twitter, Instagram, Pintrest), consumers’ purchasing decisions are influenced by trade-marks and the reputation such brands represent. Often a single brand or logo, trade-marks can convey messages about you, your company, and your company’s reputation, products and services. Trade-marks are also your marketing tool, distinguishing your products and/or services from the rest of…
In its most basic form, a partnership agreement is an agreement between two or more parties and provides for an understanding of the business relationship that you have with your partners in your business. The partnership agreement will detail how the business profits will be divided amongst the partners, the rights and responsibilities of the partners, the procedures to take…
A Joint Venture (JV) is a contractual agreement entered into by two or more business entities for the purpose of a specific project or other business activity. Typically, all parties agree to share in the profits or losses of the business venture. Often the parties to the joint venture enterprise will create a separate business entity such as a corporation or…
The management of commercial real estate is of strategic importance and can provide the foundation for future growth for commercial landlords. With Canada’s economic growth on the rise, finding suitable commercial landlords or tenants ought to be the main objective of your business and project management to be our objective for you. Often at the heart of commercial tenancy is…
Your business formation is often the crucial first step towards starting and operating your successful business. At Sodagar & Company, we take the time to understand the nature of your business and help you achieve your objectives and goals. We provide strategic advice you help you in understanding the advantages and disadvantages of one type of business formation over another.…
Commercial contracts are legally binding agreements between two or more parties. The contracts usually stipulate the expected behavior between these parties in a commercial setting. Most commercial contracts are usually in written form and contain provisions for what each party or parties are to do, in short, the objective of a commercial contract is to capture the business objectives of…