Enigmatus, S.R.O. v. Playtika Ltd.

Enigmatus, S.R.O. v. Playtika Ltd.

Summary trial appropriate; plaintiff failed to establish requisite goodwill/reputation in SLOTOPOLY in Canada and failed to prove likelihood of confusion under s.6(5); plaintiff failed to rebut the presumption of validity of Playtika's SLOTOMANIA registration and did not prove invalidity under s.18; therefore registration remains and is a complete defence to passing off; accordingly plaintiff's claim and defendants' counterclaim are dismissed.

Citation
2024 FC 751
Parties
Plaintiff; Defendant by Counterclaim: ENIGMATUS, S.R.O.; Defendant; Plaintiff by Counterclaim: PLAYTIKA LTD.; Defendant: CAESARS INTERACTIVE ENTERTAINMENT LLC; Defendant: PLAYTIKA (CANADA) INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
17 May 2024
Procedural Posture
Trademark Expungement and Passing Off Action / Summary Trial Motion and Final Judgment
Outcome
Defendants' motion for summary trial granted; Plaintiff's action dismissed; Defendants' counterclaim dismissed; SLOTOMANIA registration (TMA836,402) maintained
Legal Topics
Passing Off, Expungement, Likelihood of Confusion, Registration Validity, Summary Trial, Costs
Source Language
English
Intellectual Property Trademarks Civil Procedure Passing Off Expungement Likelihood of Confusion Registration Validity Summary Trial +1 more

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Parties

ENIGMATUS, S.R.O.

Plaintiff; Defendant by Counterclaim

PLAYTIKA LTD.

Defendant; Plaintiff by Counterclaim

CAESARS INTERACTIVE ENTERTAINMENT LLC

Defendant

PLAYTIKA (CANADA) INC.

Defendant

Procedural Posture

Trademark Expungement and Passing Off Action / Summary Trial Motion and Final Judgment

Legal Issues

  1. 1 Is a summary trial appropriate?
  2. 2 Have the Defendants engaged in passing off under paragraph 7(b) of the Trade-marks Act?
  3. 3 Should the SLOTOMANIA registration be expunged under section 57 for invalidity under section 18?

Ratio Decidendi

Summary trial appropriate; plaintiff failed to establish requisite goodwill/reputation in SLOTOPOLY in Canada and failed to prove likelihood of confusion under s.6(5); plaintiff failed to rebut the presumption of validity of Playtika's SLOTOMANIA registration and did not prove invalidity under s.18; therefore registration remains and is a complete defence to passing off; accordingly plaintiff's claim and defendants' counterclaim are dismissed.

Court Disposition

Defendants' motion for summary trial granted; Plaintiff's action dismissed; Defendants' counterclaim dismissed; SLOTOMANIA registration (TMA836,402) maintained

Orders

  • Defendants' motion for summary trial granted
  • Plaintiff's action dismissed