Absolute Software Corporation v. Valt.X Technologies Inc, 2015 FC 1203

The Federal Court has found that Valt.X has infringed two of the trademarks owned by Absolute.

Absolute had registered ABSOLUTE for use in association with software and services in 2003, and has registered four other marks containing the word absolute. Valt.X began using the term ABSOLUTE SECURITY in association with its software in 2012.

The Court noted counsel for Valt.X was removed from the record, and Valt.X failed to either file and serve a Notice of Appointment of Solicitor or bring a motion for relief pursuant to Rule 120 of the Federal Courts Rules. At the hearing of the matter, it was disclosed that the Respondent retained counsel and commenced an action on September 28, 2015, to expunge Absolute's trademarks. The Court found that Valt.X made a choice to use its financial resources to retain counsel to commence the expungement action, rather than use the funds to retain counsel to appear on this application. In the end, the Court only heard oral submissions from counsel for [extra carriage return] Absolute, but referred to earlier-filed written submissions.

The Court found that Valt.X uses the trademark ABSOLUTE SECURITY with respect to its software, and found that use to be confusing with the Applicant's registered trademark ABSOLUTE and its common law mark ABSOLUTE SOFTWARE. Damages of $2,000 were awarded.