Degree of Care is a Relevant Consideration in Assessing Javelo Likelihood of Confusion
On April 20, 2020, the Federal Court of Appeal dismissed Clorox’s appeal from a decision of Justice Grammond of the Federal Court... Read More
Weighing the Options: Federal Court Confirms Standard of Review for Appeals from Decisions of Registrar of Trademarks
In Pentastar Transport Ltd. v. FCA US LLC, 2020 FC 367, the Federal Court confirmed the standard of review applicable to decisions... Read More
Joint Business Ventures do not Equate to Shared Ownership of IP
Corey Bessner Consulting Inc. (c.o.b. Core Consultants Realty) v. Core Consultants Realty Inc., 2020 FC 224 dealt with a soured business relationship... Read More
Round and Round: Ajit Trademark Litigation 10 Years In
Background Hamdard Trust and Navsun Holdings have engaged in a longstanding litigation over the use of the term “Ajit” in their trade-marks... Read More
Different Approaches for Assessing the Likelihood of Confusion of ZARA Word and Design Marks Held Unreasonable
Zara Natural Stones Inc. sought to register the design trademark in association with paving blocks, paving stones, and paving tiles. At the... Read More
Degree of Resemblance the Overriding Consideration in Confusion Analysis
Background YM registered the CABIN FEVER & Design mark in 2017 in association with various clothing items. Roots sought to strike out... Read More
The New NAFTA: Trademark and Industrial Design Changes Under the United States-Mexico-Canada Agreement
Mexico, the United States and Canada have agreed on the text of a new trade agreement, known as the United States-Mexico-Canada Agreement... Read More
Making Room For the Internet: Bricks and Mortar Business Not Required for Canadian Trademarks
In Hilton Worldwide Holding LLP v. Miller Thomson the Federal Court pushed forward what constitutes “use” of a trademark in today’s on-line... Read More
Anticipated Appeals Cannot Be United
In Cooperstock v. United Airlines, Inc., the Court of Appeal held that an appeal can be stayed or consolidated with related appeals... Read More
Federal Court Sets Aside B-side Trademark for Beau’s Beer
In Steelbird Ghetto Properties LLC v. Beau’s All Natural Brewing Company Ltd, Steelbird Ghetto Properties LLC sought an Order striking the trademark... Read More
Trademark Rights Sufficient To Support Restraint of Trade
The recent decision from the Ontario Court of Appeal in Mars Canada Inc. v. Bemco Cash & Carry upheld a settlement agreement... Read More
Some Degree Of Expected Confusion With A Weak Trademark Not Enough To Prevent Registration
On February 5, 2018, Justice LeBlanc released his Judgment and Reasons in 2018 FC 121 involving the applicant, Assurant, Inc. and the... Read More
First Use, Not Registration, Confers Exclusive Right To A Trade-mark
On November 2, 2017, Justice Roussel allowed Micro Matic’s application under section 57 of the Trade-marks Act and struck Taizhou’s trade-mark registration for... Read More
No Cookies For You! – Federal Court Confirms Jurisdiction to Issue Split Decisions in Trade-mark Oppositions
In Les Marques Metro / Metro Brands S.E.N.C. v. 1161396 Ontario Inc., 2017 FC 806, Metro appealed a Trade-marks Opposition Board decision... Read More
U-Box It Knocks Out U-Haul’s Confusing Trademark Applications
U Box It, a Canadian company providing garbage removal and waste management services, is the registered owner of the Canadian trademark U... Read More
Offer to Settle Must Stay Open To Start of Trial To Engage Double Costs
Offer to Settle Must Stay Open To Start of Trial To Engage Double Costs On May 8, 2017, the Federal Court of... Read More
Shoe Company Walks Away From Contempt Show Cause Hearing
In ASICS v 9153-2267 Quebec, Chief Justice Crampton of the Federal Court held that the Defendant in a trade-mark infringement case and its... Read More
Cascades Declaws ROYALE Kittens’ Demand For Provisional Injunction
On January 9, 2016, the Quebec Superior Court dismissed Irving Consumer Product’s demand for a provisional injunction seeking to enjoin Cascades from... Read More
Why Get An Injunction Anywhere Else? – Federal Court Grants Rare Interlocutory Injunction In Trademark Dispute
On February 9, 2017, the Federal Court granted a motion brought by Sleep Country Canada Inc. for an interlocutory injunction preventing Sears... Read More
Know Your Role: Court Boots Expert Reports Providing Opinions On Domestic Law
The Federal Court has allowed a pre-trial motion to strike expert reports and bar the authors of those reports from testifying at... Read More
Federal Court Mows Down Bison Grass Vodka Trade-mark Application
In CEDC International v Underberg, Justice Barnes dismissed CEDC’s appeal of the Trade-marks Opposition Board’s decision that prevented CEDC from registering “Żubrówka”... Read More
API Fails To Remove Excalibre: API’s Torque Anchor Patents Invalid Or Not Infringed
Excalibre Oil Tools Ltd. v. Advantage Products Inc. concerns the validity and infringement of three Canadian patents. Justice Manson held that the... Read More
Sweet Relief On Appeal: HONEY Has Its Trade-Mark Registration Restored By Federal Court
The Federal Court has reversed the Trade-marks Opposition Board in another decision dealing with the evidentiary standard applied in a section 45... Read More
Infringement To The Omax: Default Judgement In Real Estate Trade-mark Action
In Maxwell Realty Inc. v. Omax Realty Ltd., Justice McDonald considered an ex-parte motion for default judgement for trade-mark infringement. Maxwell operates... Read More
Prior Settlement Agreement Prevents Grey Marketing of Chocolate Bars
In Mars Canada Inc. v Bemco Cash & Carry Inc., 2016 ONSC 7201, the Ontario Superior Court of Justice granted summary judgment... Read More