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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 allowed an appeal from a trademark expungement, granted leave to file new evidence, and reinstated the TDLINX registration with limited exclusions.
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 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 had jurisdiction to decide ownership of the unregistered WANAKOME trademark and properly applied the legal tests; its factual findings on unfair competition and on the validity of the copyright registration were not palpably and overridingly erroneous, therefore the appellate court will not intervene and the appeal is dismissed.
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The Federal Court found that Fruitocana infringed Fruiticana’s registered trademark, granted an injunction with a 30-day delay, and awarded $2,500 in costs.
The Federal Court of Appeal held that the trial judge did not commit a reversible error: patients are a relevant class of consumers for the confusion analysis in this context, the surrounding circumstances (including oral communication and repackaging practices) supported a finding of likelihood of confusion between BEOVU and BYOOVIZ, passing off was established, and injunctive relief plus nominal damages ($20,000) were appropriate; the appeals and cross-appeals were dismissed.
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The Federal Court dismissed the defendants’ discovery motion, holding the disputed questions sought legal positions or argument rather than proper factual answers.
The Federal Court dismissed Homewood’s interlocutory injunction motion over use of GUARDIANS, finding no strong prima facie case, insufficient goodwill, and no irreparable harm.
Federal Court appeal dismissed in a trademark opposition dispute between UBC and Sage Dining. The Court upheld findings on confusion, distinctiveness, and new evidence.
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