MC Imports Ltd. v. Afod Ltd.

MC Imports Ltd. v. Afod Ltd.

The court found on the evidence that the goods originate from Lingayen and that Lingayen is generally recognized as a source of bagoong by the ordinary consumer of those wares; therefore LINGAYEN was clearly descriptive of place of origin and not registrable under s.12(1)(b), and the mark was not distinctive under...

Source-derived case information.

Citation
2014 FC 1161
Parties
Plaintiff: MC IMPORTS LTD.; Defendant: AFOD LTD.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
2 December 2014
Procedural Posture
Trade Mark Infringement and Validity Challenge Under the Trade Marks Act / Summary Trial Judgment on Motion
Outcome
Plaintiff's action for trade-mark infringement dismissed; registration of LINGAYEN declared invalid and expunged; costs awarded to defendant with post-judgment interest.
Legal Topics
Geographical Descriptive Marks, Deceptive Misdescription, Distinctiveness, Expungement, Use as a Trade Mark, Summary Trial
Source Language
english
Intellectual Property Trade Mark Law Civil Procedure Geographical Descriptive Marks Deceptive Misdescription Distinctiveness Expungement Use as a Trade Mark +1 more

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Parties

MC IMPORTS LTD.

Plaintiff

AFOD LTD.

Defendant

Procedural Posture

Trade Mark Infringement and Validity Challenge Under the Trade Marks Act / Summary Trial Judgment on Motion

Legal Issues

  1. 1 Appropriateness of summary trial
  2. 2 Validity of LINGAYEN registration under s.12(1)(b) (clearly descriptive or deceptively misdescriptive)
  3. 3 Distinctiveness under s.2 and s.18(1)(b)

Ratio Decidendi

The court found on the evidence that the goods originate from Lingayen and that Lingayen is generally recognized as a source of bagoong by the ordinary consumer of those wares; therefore LINGAYEN was clearly descriptive of place of origin and not registrable under s.12(1)(b), and the mark was not distinctive under s.2 and s.18(1)(b); separately, the defendant used 'Lingayen Style' descriptively (Napakasarap was the trademark), so there was no infringement; consequently the registration was expelled and the infringement action dismissed with costs to the defendant.

Court Disposition

Plaintiff's action for trade-mark infringement dismissed; registration of LINGAYEN declared invalid and expunged; costs awarded to defendant with post-judgment interest.

Orders

  • Motion for summary trial granted.
  • Plaintiff’s action for infringement dismissed.