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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 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 struck trademark registration TMA722538, finding confusing prior use and no acquired rights by the registrant, but refused bad faith and injunction relief.
Appeal dismissed because the Federal Court’s factual findings were supported by the evidence: goodwill overlapped between the parties, an oral licence and sufficient control by Dragona Scarborough under s.50(1) caused any goodwill earned by the appellant to be deemed that of Dragona Scarborough, and respondents’ use of the mark in Mississauga constituted lawful use by the owner (competition), not actionable misrepresentation for passing off.
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The Federal Court struck the N8KED registered mark for a materially false declaration of use, but left passing off and unfair competition claims for trial.
The Federal Court held Duracell’s Energizer and Energizer Max sticker use depreciated goodwill under section 22, but dismissed the false advertising claims.
The Federal Court struck four trademark registrations, found passing off based on continued use of the ALLIANCE AUTOGAS Design, and awarded damages, punitive damages, costs, and a permanent injunction.
Federal Court granted default judgment in part in Mars Canada’s SKITTLES trademark case, finding infringement, depreciation of goodwill and passing off against three anonymous online sellers.
The Federal Court dismissed Milano Pizza Ltd.’s action and expunged the MILANO PIZZERIA & Design registration for lack of distinctiveness under the Trademarks Act.
The Federal Court found passing off only for Navsun’s Original Logo, awarded $10,000 in damages, and dismissed the remaining trademark and goodwill claims.
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