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Federal Court dismissed consolidated trademark appeals, upholding refusal of the services claim, allowing goods use based on stickers on third-party RVs, and finding no confusion.
The Federal Court dismissed Beverly Hills Jewellers’ appeal, upheld refusal of two trade-mark applications, and found no palpable and overriding error in the TMOB’s confusion analysis.
Summary trial decision finding repeated trademark and copyright infringement through counterfeit luxury goods, WeChat sales, and seized inventory; injunctions and damages were awarded.
The Federal Court allowed the appeal, holding the Trade-marks Opposition Board unreasonably permitted a late amendment to an opposition pleading.
Rule 118 confers discretion on the Court; it does not mandate automatic dismissal for failure to comply with Rule 117 within 30 days. Case management and remedial rules permit validation or cure of procedural irregularities; substantive challenges to assignments may be decided on a Rule 117/118 motion but need not be and no reviewable error arose on the facts. Appeal dismissed and costs awarded to respondent.
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Federal Court allowed an appeal from the Registrar’s expungement of a trademark for non-use and ordered the registration reinstated.
The Federal Court expunged the DIAL-A-BOTTLE registration, finding the mark had lost distinctiveness by the start of the proceeding بسبب widespread use and ineffective enforcement.
Federal Court dismissed FCA US LLC’s appeal from a section 45 trademark decision, upholding maintenance of the PENTASTAR registration for services and finding the evidence sufficient.
The Federal Court awarded Yeti Coolers a lump sum of $50,000 in costs after its successful trade-mark expungement application, citing the parties’ conduct and Rule 400(3).
The Federal Court expunged HowSue Holdings Inc.’s Tundra trade-mark registration, finding Yeti had prior use in Canada and the marks were confusing.
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