Canada Case Law

Comité interprofessionnel du vin de champagne v. Coors Brewing Company

Court

Federal Court of Appeal

The Court held that s.45 does not impose a fixed rule that the period of non‑use must always begin on the last date of use; a recent arms‑length acquisition may, in appropriate circumstances, constitute special circumstances under s.45(3) such that the period to be justified may begin at acquisition; applying Centric Brands, the Registrar’s choice to measure non‑use from the respondent’s acquisition and his factual findings that regulatory approvals, the scale of the acquisition and demonstrated intent to resume use excused non‑use were not palpably and overridingly erroneous, so the appeal w…

Source excerpt

• Non-use expungement
• Section 45 trademarks act
• New owner jurisprudence
• Standard of review

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Provexis Nutrition Limited v. Robichaud

Court

Federal Court

Federal Court allowed a section 56 appeal, finding fresh evidence material and sufficient to show use of the FRUITFLOW mark in Canada for nutritional supplement goods.

• Section 45 expungement
• Use requirement under subsection 4(1)
• Licensing and deemed use (subsection 50(1))
• Standard of review on new evidence
• Materiality of fresh evidence
• Section-45-expungement

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Habbous v. Arc Physio Health Ltd.

Court

Federal Court

The Federal Court found trademark infringement, passing off, and depreciation of goodwill against Arc Physio Health Ltd., but not against the individual respondents.

• Trademark infringement
• Passing off
• Depreciation of goodwill
• Personal liability of directors/officers
• Injunctions
• Damages and costs

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Zanin v. Ooma Inc.

Court

Federal Court

The Federal Court granted a stay in favor of arbitration and dismissed certification in a proposed class action alleging Ooma’s “FREE” home phone advertising was misleading.

• Double ticketing (s54)
• False or misleading representations (s52)
• Arbitration clause enforceability
• Forum selection clause
• Class action waiver
• Certification requirements

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Guangzhou Wanglaoji Grand Health Co., Ltd. v. Multi Access Limited

Court

Federal Court

The Federal Court dismissed a consolidated appeal from seven section 45 trademark decisions, upheld the Registrar’s findings on use and acceptable variation, and denied most amendment relief.

• Use and benefit under s.50 tma
• Summary cancellation under s.45 tma
• Standard of review (de novo vs appellate)
• Pleading and amendment of notices of application
• Acceptable variation of registered trademark
• Trademark-use

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Valley Blades Ltd v. Usinage Pro-24 Inc

Court

Federal Court

The Federal Court held several asserted claims in three Nordik Blades patents invalid for obviousness, rejected overbreadth and section 53 arguments, and dismissed the Trademarks Act claim.

• Obviousness
• Overbreadth
• Section 53 patent act (misleading specification)
• Subsection 7(a) trademarks act (false or misleading statements)
• Claim construction
• Costs

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H-D U.S.A., LLC v. Varzari

Court

Federal Court

The Federal Court found Eli Varzari infringed Harley-Davidson marks by selling electric bicycles using Harley-Davidson names, logos, and get-up, and granted injunctions, damages, and costs.

• Infringement under section 20 trademarks act
• Passing off (paragraph 7(b) trademarks act)
• Depreciation of goodwill (section 22 trademarks act)
• Injunctive relief
• Damages
• Costs

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