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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.
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 an appeal from the Trademarks Opposition Board and upheld refusal of the FALESCA MOLISANA trademark application.
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 Yat Sun’s trademark appeal, set aside the TMOB decision, and refused Griffith’s CHEF’S OWN application after finding confusion likely.
The Federal Court dismissed G6 Hospitality’s appeal from a TMOB opposition decision, finding no reviewable error in the likelihood-of-confusion analysis for Sandals’ trademark application.
Federal Court appeal dismissed in a trademark opposition dispute between UBC and Sage Dining. The Court upheld findings on confusion, distinctiveness, and new evidence.
The Federal Court dismissed appeals from two TMOB decisions, holding the new evidence was not material and the Board made no reviewable error on distinctiveness or confusion.
The Federal Court admitted fresh evidence of trademark expungement, found it material, set aside the opposition board decision, and bifurcated the appeal for de novo review.
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.
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