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The Federal Court dismissed an appeal from a TMOB abandonment decision, holding the trademark application was properly deemed abandoned and could not be revived by retroactive extension.
The Court granted Exaltexx a partial interlocutory injunction, barring Fluid from sending threatening infringement letters to Exaltexx’s suppliers, but not from alleging Exaltexx’s products infringe.
The Federal Court of Appeal upheld the Federal Court's finding that MSI Machineering Solutions Inc. was not shown, on the evidentiary record, to be a competitor within the meaning of s.7(a) of the Trade-marks Act because there was no evidence it sold or distributed competing products in Canada and indirect royalty receipts alone do not suffice; therefore MSI is not liable for damages under s.53.2(1) and the cross-appeal was dismissed.
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The Federal Court dismissed an appeal from a trade-mark expungement because the applicant lacked standing as she was not the registered owner or a party before the Registrar.
The Federal Court dismissed an expungement application over the BON APPETIT and BON APPÉ GOURMET marks, finding no likely confusion and no abandonment.
The Federal Court allowed Triangle Tyre’s appeal, finding no likelihood of confusion between TireLink and the Icelink/Snowlink marks and directing the applications to be allowed.
The Board reasonably found that the respondent's use of AJIT had achieved sufficient notoriety in Canada to negate the distinctiveness of the appellant's mark for printed publications; evidence of online or foreign readership did not constitute use in Canada for the registered goods and was therefore irrelevant and immaterial, and the Federal Court did not err in excluding that evidence or in applying the Bojangles' distinctiveness test; appeal dismissed.
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The Federal Court partly granted Duracell’s summary judgment motion, striking claims tied to “the next leading competitive brand” and an accounting of profits, but allowing “the bunny brand” claims to proceed.
The Federal Court dismissed motions to compel broad document production, convert a passing off application into an action, and file a survey affidavit.
Federal Court dismissed Assurant’s trade-mark appeal, holding that ASSURANCIA was not confusing with ASSURANT and affirming the opposition board’s decision.
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