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The Federal Court found C-Tow had prior use of the C-Tow marks, Sea Tow knew of that use before adopting its marks, and Sea Tow’s registrations were invalid in part.
The Federal Court consolidated two trademark appeal proceedings between Remitbee and Remitly on a common record and awarded Remitbee $5,000 in costs.
On a de novo appeal under s. 56 of the Trademarks Act, the Court partially reinstated trademark registrations for specified horse tack goods and sale services, but not briefcases as goods or trade services.
Federal Court dismisses Pentastar Transport Ltd.’s appeal from a Trademarks Registrar decision, finding no palpable and overriding error on intent to use.
The Federal Court dismissed Weldpro’s passing off application, finding no proof of goodwill, misrepresentation, or damage under paragraph 7(b) of the Trade-marks Act.
Federal Court dismissed an appeal from a trademark refusal, holding that fresh evidence did not justify correctness review and that confusion with ROTHSCHILD remained reasonable.
Federal Court dismissed a trademark damages trial and awarded no damages to either side, finding no proven economic loss and no basis for punitive damages.
The Federal Court amended the trade-mark register to record La Dehesa, s.a.s. as owner of the mark and struck the respondent’s entries, while denying solicitor-client costs.
The Federal Court allowed appeals from a trade-mark refusal, finding the Registrar unreasonably treated BACKRACK as clearly descriptive and failed to assess acquired distinctiveness.
The Federal Court held that handwritten minutes of settlement were too uncertain to enforce, because essential terms like ‘substantial payment’ were not definite.
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