On August 4, 2020, in TFI Foods Ltd v Every Green International Inc., 2020 FC 808, the Federal Court (the “Court”) issued an order enjoining Every Green International Inc. (“Every Green”) from offering for sale, selling, and/or labelling products bearing the trademark I-MEI Design with labels identifying Every Green as the exclusive distributor of I-MEI Foods Co, Ltd. Every Green did not comply with this order and took no further steps in its defense of the action.

Spectrum opposed Schneider’s application to register WISER. The Registrar allowed, in part, Spectrum’s opposition. Under the Trademarks Act, Spectrum and Schneider each had two months from the date of the Registrar’s decision to file an appeal.

The Plaintiff launched an action under the Trademarks Act and Copyright Act, alleging that various corporate and individual Defendants infringed the Plaintiff’s rights by engaging in licensing agreements of the Plaintiff’s trademarks without the Plaintiff’s authority.

The Plaintiff seeks costs, following the Defendant’s filing of a Notice of Discontinuance to discontinue their counterclaim. The Defendant argues that the Plaintiff is not entitled to costs because those costs were already addressed in a previous court Order, and also because the items in the Plaintiff’s Bill of Costs do not exist in the list of items provided in Tariff B of the Federal Courts Rules, SOR/98-106 (FCR).

This matter concerns an assessment of costs pursuant to 1) a Judgment of the Federal Court of Appeal (the “FCA”), wherein the Appellant’s appeal from an Order of the Federal Court was “dismissed with costs, including the costs of preparation of the appeal book”; and 2) an Order of the FCA, wherein the Respondent was awarded costs in relation to the Appellant’s motion.

In a previous motion for summary judgement, the Federal Court of Canada held that the defendants were jointly and severally liable for infringing Rallysport Direct’s copyright by unlawfully reproducing and displaying RSD’s works on the website www.subiedepot.ca. The FCC then ordered that damages would be the subject of a subsequent order.

Toys “R” Us (Canada) Ltd. brought an application in the Federal Court of Canada to enforce its TOYS R US registered marks against a cannabis dispensary, Herbs “R” Us Wellness Society. Toys claimed that Herbs’ use of its HERBS R US design mark constituted trademark infringement, passing off, and depreciation of goodwill, contrary to the Trademarks Act.

Pentastar Transport Ltd. v FCA US LLC, 2020 FC 367

1648074 Ontario Inc. v. Akbar Brothers (pvt) Ltd., 2019 FC 1305

Seara Alimentos Ltda. v. Amira Enterprises Inc., 2019 FCA 63