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Canada decisions
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The Federal Court allowed Kazar Group’s appeal in part, finding the evidence proved use of KAZAR in Canada for men’s shoes, but not for the other registered goods.
Interim reference report in a trademark passing-off profits accounting. The referee upheld estoppel, found causation/apportionment open, and set 15% as the causally attributable share.
The Federal Court dismissed an appeal from the TMOB and refused registration of TRULY CANADIAN CERTIFIED GOLD & Design, finding no palpable and overriding error.
The Federal Court ordered two Travelway trademark registrations struck from the register, but refused damages or an accounting of profits for past use.
The Federal Court allowed Industria de Diseno Textil’s appeal from a trade-marks opposition decision, holding the Board unreasonably assessed resemblance and remitting the matter.
The Federal Court dismissed Live! Holdings’ appeal from a trade-mark expungement decision, finding no proved use in Canada and no special circumstances excusing non-use.
On appeal from a section 45 expungement, the Federal Court admitted new evidence, found use of the ROMANCE mark shown, and restored the registration.
The Federal Court allowed AIL International’s appeal, set aside the Registrar’s decision, and refused registration of SUPERCORR after finding a likelihood of confusion with SUPER-COR.
Hilton sought a different disposition (an order under s.57(1) amending the statement of services) which required a notice of cross-appeal or leave under the Rules; Hilton did not file a cross-appeal or seek leave and did not move for extension, so the portions of its memorandum seeking that relief must be struck and costs awarded to the appellant, subject to Hilton's ability to bring a timely motion for leave consistent with the Rules.
Source excerpt
The Federal Court held Whirlpool had common-law rights in SPEED QUEEN, found Alliance’s Canadian use caused confusion and passing off, and awarded Whirlpool $20,000.
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