Gary Gurmukh Sales Ltd. v. Quality Goods Imd Inc.

Gary Gurmukh Sales Ltd. v. Quality Goods Imd Inc.

Quality failed to rebut the presumption of validity for the registered word marks; GGS (as exclusive licensee of Per) proved infringement under ss.19 and 20 of the Trade-marks Act (likelihood of confusion established for the relevant marks and time periods); GGS failed to prove passing off due to insufficient evidence of goodwill; compensatory damages of CAD 74,764.88 awarded, injunction and delivery up ordered, punitive damages dismissed, costs and interest awarded.

Citation
2014 FC 437
Parties
Applicant/respondent: Gary Gurmukh Sales Ltd.; Applicant/respondent: Per-Design Inc.; Applicant/respondent: Quality Goods IMD Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
7 May 2014
Procedural Posture
Trade Marks Act Proceeding (infringement and Expungement) / Final Reasons for Judgment (judgment Issued)
Outcome
Judgment for applicants Gary Gurmukh Sales Ltd. and Per-Design Inc.; registered trade-marks upheld; Quality Goods IMD Inc. found to have infringed under ss.19 and 20; passing off claim dismissed; damages awarded; injunction and delivery up ordered; punitive damages dismissed; costs and interest awarded.
Legal Topics
Infringement, Expungement, Passing Off, Distinctiveness, Confusion, Damages, Injunction, Licensee Enforcement
Source Language
English
Intellectual Property Trade Mark Law Civil Litigation Infringement Expungement Passing Off Distinctiveness Confusion +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Gary Gurmukh Sales Ltd.

Applicant/respondent

Per-Design Inc.

Applicant/respondent

Quality Goods IMD Inc.

Applicant/respondent

Procedural Posture

Trade Marks Act Proceeding (infringement and Expungement) / Final Reasons for Judgment (judgment Issued)

Legal Issues

  1. 1 Whether Quality admitted confusion in expungement proceedings affecting infringement proceedings
  2. 2 Whether the registered trade-marks are distinctive
  3. 3 Whether GGS's registered trade-marks were confusing with prior trade-marks or trade-names made known in Canada

Ratio Decidendi

Quality failed to rebut the presumption of validity for the registered word marks; GGS (as exclusive licensee of Per) proved infringement under ss.19 and 20 of the Trade-marks Act (likelihood of confusion established for the relevant marks and time periods); GGS failed to prove passing off due to insufficient evidence of goodwill; compensatory damages of CAD 74,764.88 awarded, injunction and delivery up ordered, punitive damages dismissed, costs and interest awarded.

Court Disposition

Judgment for applicants Gary Gurmukh Sales Ltd. and Per-Design Inc.; registered trade-marks upheld; Quality Goods IMD Inc. found to have infringed under ss.19 and 20; passing off claim dismissed; damages awarded; injunction and delivery up ordered; punitive damages dismissed; costs and interest awarded.

Orders

  • Permanent injunction restraining Quality Goods IMD Inc. from using the trade-marks CANADIAN FAST FOOD and CANADIAN POLAR BEAR IN SNOW STORM and confusing variants
  • Order for delivery up of infringing goods to plaintiffs or destruction as appropriate