FIAL’s GALPERTI trademark allowed: New evidence on appeal establishes prior use
Background FIAL Finanziaria Industrie Alto Lario SPA appealed a decision of the Trademarks Opposition Board allowing an opposition by Galperti SRL concerning...Read More
New evidence on appeal demonstrates use of TRAUMEEL mark during relevant period
Background In Biologische Heilmittel Heel GmbH v. Barrette Legal Inc., the Federal Court granted an appeal pursuant to section 56 of the Trademarks...Read More
No, no, no, no, don’t PUNK with Brewdog’s Trademark
In 2024 FC 891, Justice Tsimberis dismissed PDM’s appeal of the Trademarks Opposition Board’s decision to deny PDM’s trademark (“TM”) application for...Read More
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
Harley-Davidson cruises to victory in defending its trademarks
Background Harley-Davidson Motor Company, Inc. v. Montréal Production Inc., 2023 FC 1727 consisted of the appeals of decisions from the Trademarks Opposition...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
Can’t have your steak and eat it too – expunging TM’s for deviated use
Justice Kane dismissed an appeal from the Registrar of Trade-Marks expunging Padcon’s trade-mark for “THE OUTRIGGER STEAKHOUSE AND BAR” pursuant to section...Read More
“URBAN PLANET” and “PLANET”: A trade-mark dispute that was out of this world
On December 19, 2014, Justice Boswell of the Federal Court released the judgment and reasons in Jacques Vert Group Limited (“JVG”) v....Read More
New Evidence Ices Diamond Trade-Mark Registration
On December 2, 2014 Justice Kane of the Federal Court of Canada overturned a decision of the Trade-Marks Opposition Board and held...Read More