The Federal Court granted an application expunging a trade-mark from the Register. The Court held that a trade-mark which appears on a computer screen website in Canada, constitutes use and advertising in Canada under the Trade-Marks Act, regardless of where the information may have originated from or be stored.
In this case, the services of the parties were identical and the trade-marks are not just confusing, they are also identical. Since HomeAway used the trade-mark before the application to register the same mark was filed by Hrdlicka, Hrdlicka was not entitled to register the Mark. Furthermore, the Court held that Hrdklicka filed the application and secured the Mark for improper purposes.