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ONCA upholds Summary Judgment Concerning Dispute over Website Domain Names
  • Borden Ladner Gervais LLP
  • Canada
  • April 12 2017

The Ontario Court of Appeal (ONCA) dismissed the Appellant's appeal from a summary judgment dismissing its action and from an order dismissing the


Appeal of the Trademark Opposition Board's decision rejecting opposition to HONEY MOMENTS allowed
  • Borden Ladner Gervais LLP
  • Canada
  • April 6 2017

The Court allowed an appeal of the Trademark Opposition Board's decision rejecting Ms. McDowell's opposition to the registration of the HONEY MOMENTS


Opposition Board's decision refusing to register TASTE OF B.C. upheld on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • March 29 2017

The Federal Court dismissed an appeal of the Trademarks Opposition Board's ("Board's") refusal to register the mark TASTE OF B.C. In the opposition


Expert reports excluded for failing to meet standard four part test from Mohan
  • Borden Ladner Gervais LLP
  • Canada
  • March 29 2017

This recently reported motion considered the admissibility of expert reports, within the greater context of the Plaintiffs' argument that the


Appeal of Court's Finding of Confusing Between the Marks Allowed; Matter Referred Back for Redetermination
  • Borden Ladner Gervais LLP
  • Canada
  • March 22 2017

The Federal Court of Appeal ("FCA") granted an appeal of the Federal Court's ("FC") judgment, which had set aside the decision of the Trademarks


Damages in the amount of $8,500 for passing off as a Dairy Queen franchise for a period of less than one month
  • Borden Ladner Gervais LLP
  • Canada
  • March 15 2017

In this summary trial, the Court dealt with various issues relating to the termination of a Dairy Queen franchise agreement, including the Plaintiff's


Court pierces corporate veil where Third Party used for the improper purpose of thwarting Default Judgment
  • Borden Ladner Gervais LLP
  • Canada
  • March 15 2017

The Court dismissed the corporate Third Party's motion opposing the execution of a Writ of Seizure and Sale and seeking various other types of relief


Only one 30 page memorandum allowed on a consolidated appeal
  • Borden Ladner Gervais LLP
  • Canada
  • March 8 2017

The Federal Court of Appeal has held that a party may only file a single 30 page memorandum of fact and law in an appeal after consolidating two


Court of Appeal Affirms Re-determination Individual Defendant is Still Jointly and Severally Liable for $64,000 in Damages and $250,000 in Punitive Damages for Selling Knock-off Chanel Products
  • Borden Ladner Gervais LLP
  • Canada
  • March 1 2017

This was an appeal of the Federal Court's re-determination of a motion for summary trial. In the original decision (2015 FC 1091, previously


Court Dismisses Appeal of Decision Refusing the Trademark EDWARDS & Design
  • Borden Ladner Gervais LLP
  • Canada
  • February 22 2017

The Court dismissed Schwan's appeal of the Trademarks Opposition Board's decision, which refused its application for the trademark Edwards & Design