GNR Travel Centre Ltd. v. CWI, Inc.

GNR Travel Centre Ltd. v. CWI, Inc.

Affixing a permanently applied sticker/decal bearing a retailers mark to recreational vehicles and to packaging constitutes "use" of the mark in association with goods under s.4(1); GNR proved use in association with the Goods as of the claimed date but failed to prove use in association with the Services as of the...

Source-derived case information.

Citation
2023 FC 2
Parties
Applicant/respondent: G N R TRAVEL CENTRE LTD.; Respondent/applicant: CWI, INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
4 January 2023
Procedural Posture
Statutory Appeal Under the Trademarks Act (section 56) From Registrar/opposition Board Decision / Federal Court Judgment on Consolidated Appeals (final)
Outcome
Appeals dismissed
Legal Topics
Use in Association With Goods, Registrability Under S.30(b), Likelihood of Confusion (s.6), Distinctiveness, Evidentiary Burden, Standard of Review
Source Language
english
Intellectual Property Trade Mark Law Administrative Law Use in Association With Goods Registrability Under S.30(b) Likelihood of Confusion (s.6) Distinctiveness Evidentiary Burden +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

G N R TRAVEL CENTRE LTD.

Applicant/respondent

CWI, INC.

Respondent/applicant

Procedural Posture

Statutory Appeal Under the Trademarks Act (section 56) From Registrar/opposition Board Decision / Federal Court Judgment on Consolidated Appeals (final)

Legal Issues

  1. 1 Whether affixing a retailers mark (stickers/decals) to third-party manufactured goods constitutes use in association with goods under s.4(1)
  2. 2 Whether Applicant proved use of the mark in association with services as of claimed date for paragraph 30(b) purposes
  3. 3 Whether the Opposition Board erred in its likelihood of confusion analysis under s.6(2) and s.6(5)

Ratio Decidendi

Affixing a permanently applied sticker/decal bearing a retailers mark to recreational vehicles and to packaging constitutes "use" of the mark in association with goods under s.4(1); GNR proved use in association with the Goods as of the claimed date but failed to prove use in association with the Services as of the claimed date (Wayback Machine evidence undermined the asserted date), and there was no likelihood of confusion because the marks as a whole differ (GNR element dominant and CAMPING WORLD has low inherent distinctiveness) and long coexistence produced no evidence of actual confusion.

Court Disposition

Appeals dismissed

Orders

  • Appeals in T-1561-20 and T-1575-20 dismissed
  • Each party to bear its own costs