Badawy v. Igras

Badawy v. Igras

The plaintiff’s passing-off claim under s.7(b) is dismissed on summary judgment because he failed to adduce credible evidence of use of IGRAS FAMILY LAW in association with goods or services and thus has no valid enforceable unregistered trade-mark; the Federal Court lacks jurisdiction over claims arising under the Canada Business Corporations Act and provincial statutes so those claims are struck; the applicants’ counterclaim cannot be resolved on summary judgment because evidence of goodwill and public confusion is inadequate, so that issue must proceed to trial.

Citation
2017 FC 619
Parties
Plaintiff (defendant by Counterclaim): Wael Maged Badawy; Defendant (plaintiff by Counterclaim): Waldemar A. Igras; Defendant (plaintiff by Counterclaim): Waldemar A. Igras Professional Corporation; Defendant by Counterclaim: IFL Igras Family Law Ltd.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
23 June 2017
Procedural Posture
Trade Marks / Passing Off (civil) / Summary Judgment Motion Decided (motion Granted in Part; Counterclaim to Proceed to Trial)
Outcome
Statement of Claim dismissed; summary judgment on Amended Counterclaim denied; counterclaim issues to proceed to trial; costs awarded to Applicants
Legal Topics
Passing Off, Jurisdiction, Summary Judgment, Bad Faith in Trademark Application, Costs
Source Language
English
Trade Marks Intellectual Property Corporate Law Civil Procedure Passing Off Jurisdiction Summary Judgment Bad Faith in Trademark Application +1 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 7 Authorities cited 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Wael Maged Badawy

Plaintiff (defendant by Counterclaim)

Waldemar A. Igras

Defendant (plaintiff by Counterclaim)

Waldemar A. Igras Professional Corporation

Defendant (plaintiff by Counterclaim)

IFL Igras Family Law Ltd.

Defendant by Counterclaim

Procedural Posture

Trade Marks / Passing Off (civil) / Summary Judgment Motion Decided (motion Granted in Part; Counterclaim to Proceed to Trial)

Legal Issues

  1. 1 Whether plaintiff’s passing-off claim under s.7(b) of the Trade-marks Act is a genuine issue for trial
  2. 2 Whether applicants’ counterclaim for passing-off under s.7(b) of the Trade-marks Act is a genuine issue for trial
  3. 3 Whether the Federal Court has jurisdiction over claims arising under the Canada Business Corporations Act and provincial statutes

Ratio Decidendi

The plaintiff’s passing-off claim under s.7(b) is dismissed on summary judgment because he failed to adduce credible evidence of use of IGRAS FAMILY LAW in association with goods or services and thus has no valid enforceable unregistered trade-mark; the Federal Court lacks jurisdiction over claims arising under the Canada Business Corporations Act and provincial statutes so those claims are struck; the applicants’ counterclaim cannot be resolved on summary judgment because evidence of goodwill and public confusion is inadequate, so that issue must proceed to trial.

Court Disposition

Statement of Claim dismissed; summary judgment on Amended Counterclaim denied; counterclaim issues to proceed to trial; costs awarded to Applicants

Orders

  • Motion for summary judgment granted and Statement of Claim dismissed without leave to amend
  • Motion for summary judgment granting relief in paragraphs 17(a), (b), (c) and (e) of the Amended Counterclaim denied