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
False IP complainants get shrunken bank accounts
Keezio Group and The Shrunks’ Family Toy Company were market competitors who sold inflatable beds for children through Amazon.com. Keezio brought a...Read More
Vacuum Wars and Trademark Troubles: VPC Fails to Obtain Interlocutory Injunction
In 2572495 Ontario Inc. v. Vacuum Specialists (1985) Ltd., Justice Pentney of the Federal Court dismissed a motion for an interlocutory injunction...Read More
Federal Court Addresses the Hallmarks of Unregistrable, Laudatory Trademarks
Rick Spagnuolo and Joseph Syposz (the “Opponents”) opposed Re/Max’s application to register “HALLMARK” in association with real estate services. The Trademarks Opposition...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
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
Why Are We Here? Actual Loss Required For Trademark Damages
Clearview Plumbing & Heating Ltd. v. Clockwork IP, LLC is a trademark infringement action that proceeded to trial despite the parties agreeing that...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
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
Hail, Caesar(stone)! TMOB’s Refusal To Consider Earlier Registration Of Related Goods Unreasonable
In Caesarstone Sdot-Yam Ltd v. Ceramiche Caesar S.P.A., Justice Manson of the Federal Court allowed part of an appeal from a Trademarks...Read More