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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.
Source excerpt
Default judgment was granted in a trademark counterfeiting case involving Chanel and Louis Vuitton, with declarations, injunctions, delivery up, damages, and costs.
The Federal Court granted leave to file new evidence in a section 45 trademark appeal and restored the AIVI registration in part, deleting goods not shown to have been used.
The Federal Court dismissed an appeal from the Trademarks Opposition Board and upheld refusal of the FALESCA MOLISANA trademark application.
The Federal Court dismissed TD Bank’s motion to amend its Joint Statement of Issues to restore trademark TMA 644,911, finding the request came too late and would unfairly broaden the trial.
The Federal Court granted leave to file new evidence, allowed the appeal, and held the FILTER DESIGN trademark is registrable because its features were not primarily functional.
The Federal Court granted default judgment in a trademark case, finding infringement and depreciation of goodwill, and awarded $25,000 damages plus $6,207.60 costs.
The Federal Court expunged registration no. TMA1,174,533 for TRESS WELLNESS, finding bad faith and non-distinctiveness, but not non-entitlement.
The Federal Court allowed Big Duck Games’ appeal from a section 45 expungement, found new evidence material and sufficient to show use of FLOW in Canada, and maintained the registration except for physical consoles.
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