Every cat has its Filadae: Panthera motorsports takes on Jaguar Land Rover and wins!
Branding is a serious business in the automotive industry. Companies go to great lengths to protect their trademarks, sometimes leading to disputes....Read More
In trademark appeal, Federal Court finds survey evidence inadmissible due to reliability and validity issues
Background In Promotion in Motion Inc. v. Hershey Chocolate & Confectionery LLC, the Federal Court dismissed an appeal brought under section 56 of...Read More
Assessing TM Confusion: Patients Matter
Novartis v. Biogen involves claims of trademark infringement, passing off and depreciation of goodwill and raises several interesting issues. The Applicants, Novartis...Read More
Adidas cannot use “Terrex” name for W. 4th Ave store in Vancouver
The British Columbia Supreme Court issued an interlocutory injunction against adidas Canada, restraining it from using “TERREX” as the name of its...Read More
Federal Court’s Confusion Analysis Aligns with TMOB Despite New Evidence on Appeal
Osstemimplant applied to register the trademark MAGICALIGN for use in association with orthodontic goods. Align opposed the registration, asserting that MAGICALIGN was...Read More
No Evidence of Use Puts Trademark Owner in Hot Water
APEC sold reverse osmosis drinking water filtration systems under the business name “APEC Water Systems” for over 20 years, making its first...Read More
Trademark Must-Haves: Clean Underwear and Supporting Evidence
Fruit of the Loom successfully appealed a decision from the Registrar of Trademarks finding no likelihood of confusion between its registered mark,...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
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
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
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
Clash of the Pizzarias: Federal Court of Appeal Rejects Pizza Restaurant’s Trademark
In Pizzaiolo Restaurants Inc. v. Les Restaurants La Pizzaiolle Inc., 2016 FCA 265, the Federal Court of Appeal allowed an opposition against...Read More
Times Up: Toronto Development Company Found to Infringe Trade-Mark
In Times Group Corporation v. Time Development Group Inc. the Court granted a declaration of trade-mark infringement and an order that the respondent...Read More
A Swiss (trademark) Miss – Wenger’s Infringement and Passing Off Claims Dismissed
On March 24, 2016, Justice St-Louis dismissed Wenger’s application for trademark infringement against Travelway and passing off based on following registered trademarks...Read More
Hey Trademark Infringer You’re No Friend of Mine – Mister Transmission obtains injunction against Master Transmission
Responsive Brands operates throughout Canada as “Mister Transmission”. Responsive Brands is the owner of Canadian Trademark 239,868 for MISTER TRANSMISSION registered in...Read More
Condiment Trade-mark Rejected by the Federal Court
On January 7, 2016, Justice LeBlanc of the Federal Court released the amended judgment and reasons in Kabushiki Kaisha Mitsukan Group Honsha...Read More
Perks are for everyone: PERKOPOLIS mark found non-infringing
In Venngo Inc. v. Concierge Connection Inc. et al., 2015 FC 1338, Justice Manson dismissed Venngo’s claim that Concierge and its directors...Read More
Dismissal of Application for “SECRET” Trade-mark upheld by the Federal Court
On December 1, 2015, Justice Gascon of the Federal Court released the judgment and reasons in Eclectic Edge Inc. v. Gildan Apparel...Read More
Federal Court Dismisses Trade Mark Infringement Suit: No Actual Confusion of Co-Existing Marks
In Scott Technologies, Inc. v. 783825 Alberta Ltd., 2015 FC 1336, Justice Zinn dismissed all of the plaintiff’s allegations of trademarks infringement...Read More
ABSOLUTE marks confuse absolutely
Absolute Software Corporation has operated under the trade-name ABSOLUTE SOFTWARE since 1993 and used its name as a common law mark. Since...Read More
On solid ground: Court finds Fusion Pro marks not confusing
Justice Gleason of the Federal Court held that trade-marks containing the word “Fusion” were not likely to be confusing with trade-marks containing...Read More
Cheers! Beer Company Successfully Defends Trade-mark in Expungement Application
On September 17, 2015, Justice Martineau of the Federal Court released the judgment and reasons in Pacific Western Brewing Company Ltd. v....Read More
Inherent Distinctiveness Must Consider Potential Uses Of Marks, Not Merely Their Actual Uses
Constellation Brands Inc. and related companies appealed a decision of the Trade-Marks Opposition Board that rejected Constellation’s opposition under s. 38 of...Read More
Keyword Advertising of Competitor’s Mark Is Not Passing Off
In Vancouver Community College v. Vancouver Career College (Burnaby) Inc., 2015 BCSC 1470, Justice Affleck dismissed a passing off action action based...Read More