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- cba.org
- Article
Feb 19, 2025
Case summary: Motion to strike partially successful
The Plaintiff, Zoe International Distributing Inc., brought an action against the Defendant, Smoke Arsenal Inc., for trademark and copyright infringement. In response, the Defendant filed a Statement of Defence and Counterclaim, resulting in the Plaintiff bringing a motion for an order striking portions of the Defendant’s impugned pleadings.
- cba.org
- Article
Feb 19, 2025
Case summary: Unauthorized resale of genuine goods may constitute passing-off and depreciation of go
This decision concerned a motion to strike by the Defendant. The underlying context for the Defendant’s motion was a dispute over the Defendant’s act of importing and distributing genuine Toyota parts despite not being part of the Plaintiffs’ authorized dealership network.
- cba.org
- Article
Feb 19, 2025
Case summary: Notice of discontinuance by plaintiff bars defendants from bringing counterclaim
This decision concerned a motion by the Defendants for an order lifting the stay in the underlying patent infringement action and granting leave to serve and file a statement of defence and counterclaim. The underlying context for the Defendants’ motion was a series of proceedings regarding a dispute over inventorship and ownership of the patent at issue.
- cba.org
- Article
Feb 19, 2025
Case summary: Federal Court allows appeal of decision of Trademarks Opposition Board based on materi
This decision concerns an appeal from a decision of the Trademarks Opposition Board (“TMOB”), which dismissed the Applicant’s opposition to the Respondent’s application for the FAST FIRED BY CARBONE & Design trademark. The opposition was based on, among other things, the Applicant’s ownership of a registration for a FAST FIRE’D BLAZE PIZZA & Design trademark (the “Blaze Trademark”) as well as its alleged prior use of the FAST FIRE’D trademark in Canada.
- cba.org
- Article
Feb 19, 2025
Case summary: Court refuses defendant’s request to schedule summary trial
In this decision, the Case Management Judge refused the defendant’s request to schedule a summary trial in a trademark infringement action commenced in June 2021. While a Case Management Judge has the discretion to refuse to schedule a summary trial, the Court has previously stated that such discretion should be exercised sparingly, and only in rare circumstances.
- cba.org
- Article
Feb 19, 2025
Causation analysis and cost deductions in an accounting of profits analysis in a trademark dispute
After years of litigation and appeals, the Applicant was ultimately successful in its application for trademark infringement and passing off against the Respondent. This decision dealt with the reference to quantify the profits earned by the Respondent for the products that were found to be passed off as those of the Applicant.
- cba.org
- Article
Feb 19, 2025
Case summary: Appellants convince Court of problems in default judgment, but can’t satisfy test to s
The Estate of the Late Moishe Smith and 2474234 Ontario Inc. appeal the decision of the Federal Court dismissing their motion to set aside a January 21, 2021 default judgment in favour of the Respondent, Dunn’s Famous International Holdings Inc.
- cba.org
- Article
Feb 19, 2025
Case summary: Dismissal of Norwich order
This is an appeal from an order of Grammond J. dismissing the Appellants’ motion for a Norwich order which was brought in relation to two actions brought by the Appellants against unidentified consumers who purchased smart thermostats which the Appellants argue infringe their patents.
- cba.org
- Article
Feb 19, 2025
Timing is everything: Establishing trademark use by association
This is an unsuccessful appeal under Section 56 of the Trademarks Act (the “Act”) by Limbic Media Corporation (the “Applicant”) following a Section 45 non-use cancellation proceeding for the Applicant’s mark (the “Mark”). The Applicant sought an order to set aside the Registrar’s decision and maintain the Mark’s registration.
- cba.org
- Article
Feb 19, 2025
Case summary: Federal Court grants injunctive relief for trademark infringement
The Applicant Best Brains, Inc. brings an action against Respondent Priyadharishini Balasingam (Best Brains Tutors), alleging its use of the name “Best Brains Tutors” in association with educational services since 2017 violated the Applicant’s trademark BEST BRAINS that has been in use by the Applicant since at least as early as 2013.
