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Motion to set aside ex parte default judgment dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • August 20 2012

In January, the Federal Court granted default judgment to the Plaintiffs in an action for, inter alia, trade-mark infringement and passing off


Two non-parties to a trademark and copyright decision are bound by the final injunction
  • Borden Ladner Gervais LLP
  • Canada
  • May 27 2015

The Ontario Superior Court had previously issued an injunction to prevent the sale of candy snacks known as “Classic Sesame” because they were found


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


Refusal to register mark upheld no evidence of first use was adduced by the applicant
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

The applicant appealed the refusal to register HOME TEAM & DESIGN in association with sales and installation of exterior residential and commercial


Interlocutory injunction against use of OMEGARED upheld on Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

The Federal Court of Appeal has upheld an interlocutory injunction awarded in a trademark proceeding (2015 FC 215, unreported), with a small variance


Double-edged sword for adidas’ famous 3-Stripe mark as court finds consumers not likely to be confused by competitor’s mark
  • Borden Ladner Gervais LLP
  • Canada
  • May 4 2015

Adidas appealed from a decision of the Registrar rejecting their opposition of the LEFT STRIPE DESIGN and RIGHT STRIPE DESIGN applications from Globe


LAZARO COHIBA for rum is confusing with COHIBA-brand tobacco
  • Borden Ladner Gervais LLP
  • Canada
  • October 21 2013

Tequila Cuervo sought a trade-mark for LAZARO COHIBA based on proposed use in Canada with rum. Empresa Cubana Del Tabaco opposed by arguing, among


Default judgment awarded in respect of infringement of registered trade-mark
  • Borden Ladner Gervais LLP
  • Canada
  • April 30 2014

Teavana Corporation v. Teayama Inc., 2014 FC 372 The Plaintiff commenced an action for trade-mark infringement, passing off and depreciation of


Default judgment for trade-mark infringement granted and damages awarded
  • Borden Ladner Gervais LLP
  • Canada
  • December 17 2012

Driving Alternative v. Jarvis This is an action for trade-mark infringement, passing off and depreciation of goodwill. The Plaintiff holds a registered


Appeal dismissed: no passing off, no violation of official mark provisions for incorporating acronym and official mark into domain names
  • Borden Ladner Gervais LLP
  • Canada
  • July 28 2014

ICBC adopted a number of official marks, including the acronym “ICBC”. Stainton Ventures Ltd. (Stainton) operates a commercial website called