This decision involves a motion to strike a Notice of Change and Appointment of Solicitor. The motion was brought in the context of a patent infringement action commenced by Farmobile LLC (“Farmobile”) against Farmers Edge Inc (“Farmers Edge”). During the course of that proceeding, two of Farmobile’s solicitors left their original firm and formed their own firm; Farmobile filed a document that purported to appoint the new firm as solicitor in addition to its previous firm.

John Norman, Alex Gloor, and Rebecca Styles for H. Lundbeck A/S and Takeda Pharmaceuticals U.S.A. Inc.

Rogers Media Inc. et al v. John Doe 1 et al and Bell Canada et al 2021 CanLII 107613 (FC)

Canadian Standards Association v P.S. Knight Co Ltd, 2021 FC 1346

Merck Canada Inc v The Minister of Health, 2021 FCA 224

Kobold Corporation v. NCS Multistage Inc., 2021 FC 1247

ZNSI applied to register ZARA, based on use in Canada. Industria opposed based on its earlier filed application for ZARA HOME. Industria erroneously relied on section 16(3) of the old Trademarks Act, which applies to proposed use applications, instead of section 16(1), which applies to use based applications, as applicable in this case.

The Federal Court granted an application to invalidate and strike out the impugned trademark registration No. TMA 1001070 (the “Impugned Registration”) pursuant to subsection 57(1) of the Trademarks Act.

This appeal by Zara Natural Stones Inc. (ZNSI) concerns an attempt to register the trademark ZARA Natural Stones & Design (a design mark).

The Federal Court granted the Plaintiff’s motion for default judgment in a trademark infringement action. The Plaintiff was also granted injunctive relief, delivery up of infringing materials, damages, and costs.