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Results: 1-10 of 102

Registrar’s decision refusing to register LIGHTRECYCLE & DESIGN unreasonable, but the proposed mark was still found to be clearly descriptive

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 25 2015

Product Care Association had applied to register a proposed trademark for LIGHTRECYCLE & DESIGN. The examiner found this was “clearly descriptive”

Registered word mark LA PIZZAIOLLE found to be confusing with proposed PIZZAIOLO and design mark

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 11 2015

The Applicant had opposed the registration of two marks, PIZZAIOLO and Design and PIZZAIOLO. The Registrar had refused the word mark and allowed the

Use of trademarks in metatags found not to be copyright or trademark infringement

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 11 2015

The Plaintiff has three registered trademarks: “redtag.ca”, “redtag.ca vacations”, and “Shop. Compare. Payless!! Guaranteed”. The Defendant company

Nominal damages awarded following infringement of PIRANHA mark

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 2 2015

The Applicants own or licence two trademarks, a PIRANHA word mark and a PIRANHA design mark in association with saw blades and related wares. These

Business delays in opening a Canadian establishment found not sufficient to support non-use of the Mark STK

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • March 2 2015

This is an appeal from a decision of the Registrar who refused to expunge the Respondent’s mark pursuant to section 45 of the Trademarks Act. The

GHI found to be confusingly similar to the well-known mark GIA for use in association with diamond grading and other wares and services

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 9 2014

This is a dispute over the registration of the trademark GHI by Gemology Headquarters International, for use in association with diamond grading, the

Motion for summary trial granted: but Plaintiff’s claim is struck and its trademark is struck from the register

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 9 2014

This was a motion for summary trial relating to an alleged trademark infringement by the Defendant of the trademark LINGAYEN held by the Plaintiff

Motion for summary judgment granted: Court awards $15,000 in damages, $13,000 in costs

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • December 4 2014

This was a motion for summary judgment claiming relief under the Trademarks Act for the infringement of the Plaintiff’s registered trademark NEW HOME

Appeal dismissed: despite Registrar’s improper reliance on a “surrounding circumstance”, judge was correct to apply reasonableness standard in face of new evidence filed on appeal

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 10 2014

This was an appeal by Cortefiel, S.A. On the basis that the Federal Court judge made a palpable and overriding error or an error of law in concluding

Applicant avoids finding of copyright and trademark infringement, successful in having certification mark struck from the register

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • November 3 2014

The Applicant, the Denturist Group of Ontario (“DGO”) was seeking declaratory, injunctive and monetary relief against the Respondents (the Denturist