Sea Two v C-Town

Sea Two v C-Town

On the evidence and proper statutory interpretation the Court found C-Tow and predecessors used the C-Tow marks in Canada beginning in 1985, Sea Tow was deemed to have adopted its marks on September 9, 2010 (the 2010 applications), and Sea Tow had knowledge of C-Tow's prior use before that date; Sea Tow's...

Source-derived case information.

Citation
2025 FC 27
Parties
Plaintiff/defendant by Counterclaim: SEA TOW SERVICES INTERNATIONAL, INC.; Defendant/plaintiff by Counterclaim: C-TOW MARINE ASSISTANCE LTD.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
6 January 2025
Procedural Posture
Trademark Cancellation Application and Infringement Action / Judgment Following Hearing of Application and Summary Judgment Motion
Outcome
Application allowed in part and Motion granted in favour of C-Tow; Canadian Trademark Registrations TMA870561 and TMA870562 struck from the Register
Legal Topics
Trademark Registration, Incontestability, Distinctiveness, Bad Faith, Confusion, Chain of Title, Abandonment, Summary Judgment, Hearsay/principled Exception
Source Language
english
Intellectual Property Trademarks Civil Procedure Evidence Trademark Registration Incontestability Distinctiveness Bad Faith +5 more

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Parties

SEA TOW SERVICES INTERNATIONAL, INC.

Plaintiff/defendant by Counterclaim

C-TOW MARINE ASSISTANCE LTD.

Defendant/plaintiff by Counterclaim

Procedural Posture

Trademark Cancellation Application and Infringement Action / Judgment Following Hearing of Application and Summary Judgment Motion

Legal Issues

  1. 1 Did C-Tow or its predecessors use the C-Tow marks prior to Sea Tow's adoption of the Sea Tow marks?
  2. 2 If so, did Sea Tow adopt the Sea Tow marks with knowledge of C-Tow's previous use?
  3. 3 Were Sea Tow's registration applications filed in bad faith?

Ratio Decidendi

On the evidence and proper statutory interpretation the Court found C-Tow and predecessors used the C-Tow marks in Canada beginning in 1985, Sea Tow was deemed to have adopted its marks on September 9, 2010 (the 2010 applications), and Sea Tow had knowledge of C-Tow's prior use before that date; Sea Tow's registrations were therefore invalid under ss.18(1)(d) and 18(1)(b) (lack of distinctiveness), bad faith under s.18(1)(e) was not established, and summary judgment was proper in C-Tow's favour.

Court Disposition

Application allowed in part and Motion granted in favour of C-Tow; Canadian Trademark Registrations TMA870561 and TMA870562 struck from the Register

Orders

  • Order striking Canadian Trademark Registration Nos. TMA870561 and TMA870562 from the Register pursuant to s.57 of the Trademarks Act
  • Declaration that Registrations TMA870561 and TMA870562 are invalid pursuant to paragraphs 18(1)(b) and 18(1)(d) of the Trademarks Act