A practical analysis of Products Unlimited v Five Seasons and the new leave requirement under the Trademarks Act
The Federal Court’s decision in Products Unlimited, Inc v Five Seasons Comfort Limited, 2026 FC 48 marks the first judicial consideration of the new leave requirement under subsection 56(5) of the Trademarks Act.
Since April 2025, parties appealing decisions of the Registrar of Trademarks can no longer rely on additional evidence as of right. Instead, leave of the Court is now required — a procedural shift with significant strategic implications for trademark oppositions and appeals.
This session examines the Court’s guidance on when leave will be granted, how materiality now intersects with the standard of review, and what practitioners should consider when deciding whether, when, and how to seek to adduce additional evidence on appeal. The webinar also explores how transitional considerations may affect cases straddling the April 2025 amendments.
By the end of this course, participants will be able to:
Principal, Lawyer & Trademark Agent
Lorraine Fleck is an experienced Ontario-licensed lawyer and Canadian trademark agent who takes a realistic, commercially driven approach to helping clients proactively identify and manage risk while supporting growth and profitability. She provides strategic legal advice on advertising and marketing, commercial contracts, intellectual property (IP), and information technology (IT), including artificial intelligence (AI) risk management, as well as procurement, privacy, anti-spam compliance, and related regulatory matters. Lorraine has been repeatedly recommended by World Trademark Review magazine for eight consecutive years as a leading Canadian expert in trademark litigation, enforcement, prosecution, and strategy. She is also recognized by her peers in Best Lawyers® in Canada for her expertise in advertising, IP, IT, and technology law. Lorraine’s experience includes serving as Senior Legal Counsel at a private-equity-owned consumer packaged goods manufacturer with global operations. In that role, she managed international IP portfolios and licensing, led IP change management initiatives, and provided legal guidance on advertising, anti-bribery and anti-corruption compliance, commercial contracts, IT matters, mergers and acquisitions, privacy, product recalls, supply chain issues, and other regulatory matters. Earlier in her career, she was a founding partner and principal of two Toronto-based IP boutique law firms, both of which were recognized among Canadian Lawyer magazine’s Top 10 IP boutiques in Canada. She is active in both the Canadian and international legal communities and leverages those connections and insights to help clients manage their businesses proactively, minimize risk, and maximize profitability. Lorraine is the past Chair of the North American Subcommittee of the International Trademark Association’s Brand Restrictions Committee, where she advocated against trademark use restrictions in advertising across multiple industries. Such restrictions can reduce consumer choice and competition, facilitate counterfeiting linked to organized crime, contribute to supply shortages affecting vulnerable populations, reduce employment tied to branded products, and discourage investment in intellectual property. Her prior leadership roles also include Chair of the Ontario Bar Association’s IT & IP Section Executive and service on the Licensing Executives Society (LES) Toronto Chapter Executive in several roles, including Chapter Chair. She has authored numerous legal publications and serves as General Editor of LexisNexis Canada’s Internet and Technology Law in Canada newsletter. Lorraine is also a frequent speaker on issues related to her practice areas and has been interviewed by Canadian media on intellectual property topics.
