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The Federal Court found the Respondent liable for trademark infringement, passing off and depreciation of goodwill, and granted injunctions, delivery up, domain transfer, damages and costs.
The Federal Court rejected Lindt’s remaining opposition grounds and ordered registration of MASTER CHOCOLAT, finding no material new evidence and no proven use or reputation of MAÎTRE CHOCOLATIER per se.
The appeal is dismissed: the Federal Court correctly found that the word element 'THERME' dominates the composite THERME WOMAN marks for 'when sounded' analysis and those marks are clearly descriptive in French of specified services; THERME (and the WOMAN marks) are deceptively misdescriptive in French for certain services; THERME and THERME GROUP are confusing in English with Nordik's THERMËA registrations; and the Poplack affidavit was properly excluded as unnecessary expert evidence.
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The Federal Court allowed an appeal from a trademark expungement, granted leave to file new evidence, and reinstated the TDLINX registration with limited exclusions.
The court found the petitioner acted in good faith and with due diligence, has more than a "kernel of a plan" (including default judgment against Studio, steps to enforce it in the U.S., resolved tax issues, repayment of senior lender, Monitor support, and adequate cashflow projections), and that extending the stay to November 30, 2026 is necessary and appropriate to permit enforcement and realizations for the benefit of creditors; extension granted.
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Default judgment was granted in a trademark counterfeiting case involving Chanel and Louis Vuitton, with declarations, injunctions, delivery up, damages, and costs.
FACT succeeded in part on passing off over ASIALICIOUS. The Court found FACT had prior goodwill, rejected the defendants’ prior-use claim, and granted a narrow injunction and nominal damages.
The Federal Court did not commit a palpable and overriding error in its factual appreciation of expert evidence and common general knowledge; 'high electric field' in Claim 1 is properly understood by a skilled person at the date of publication to refer to electric fields in the range of about 2 to 200 V/cm, which excludes Simplot's pulsed electric field systems, and the appeal is dismissed.
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The Federal Court dismissed Marie Pia Fazio’s appeal from an Associate Judge’s Rule 74 order removing her claim from the court file for lack of jurisdiction and no viable cause of action.
The Federal Court disallowed GreenBlue’s overhead deductions on remittal and awarded DeepRoot an accounting of profits, plus prejudgment interest and costs.
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