Kitasoo First Nation v. Urban Distillers Inc., 2015 FCA 233  

The Federal Court of Appeal has dismissed the appeal brought by the Kitasoo Band Council relating to a summary judgment motion brought in an action for infringement of their official mark SPIRIT BEAR. We previously summarized the Federal Court decision (2014 FC 833) that found the official marks were unenforceable and allowed the counterclaim by Urban Distillers. That holding essentially turned on a finding that the official marks were not shown to have been adopted and used as of the date of publication.

The Court of Appeal upheld the dismissal of the action, but overturned the holding relating to Urban Distillers' counterclaim because the counterclaim was not a part of the original summary judgment motion.