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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 dismissed an appeal from the Trademarks Opposition Board and upheld refusal of the FALESCA MOLISANA trademark application.
The Federal Court found that Fruitocana infringed Fruiticana’s registered trademark, granted an injunction with a 30-day delay, and awarded $2,500 in costs.
The Federal Court of Appeal held that the trial judge did not commit a reversible error: patients are a relevant class of consumers for the confusion analysis in this context, the surrounding circumstances (including oral communication and repackaging practices) supported a finding of likelihood of confusion between BEOVU and BYOOVIZ, passing off was established, and injunctive relief plus nominal damages ($20,000) were appropriate; the appeals and cross-appeals were dismissed.
Source excerpt
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 Homewood’s interlocutory injunction motion over use of GUARDIANS, finding no strong prima facie case, insufficient goodwill, and no irreparable harm.
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 allowed T. Rowe Price Group’s appeal, set aside the Trademarks Opposition Board’s decision, and directed refusal of the LIVE WITH CONFIDENCE application.
The Federal Court dismissed 2K4 Inc.’s passing off application, finding no proven pre-2011 use of the Indican Pictures mark in Canada and no valid Canadian trademark right at the relevant date.
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