Appeal under Section 56 of the Trademarks Act by Beverly Hills Jewellers MFG Ltd. (the “Applicant”) of the Trademarks Opposition Board’s (“TMOB”) decision to refuse its application to register the composite trademark TRULY CANADIAN CERIFIED GOLD & Design (the “GOLD Mark”):

H-D USA, LLC is the owner of registered trademarks for HARLEY-DAVIDSON, H-D, “Bar and Shield” design marks, and “Skull” design mark. Eli Varzari offered for sale custom-built electric bicycles called “Harley Davidson Willie G Edition” or “Harley Davidson Edition”.

The Subway branded sandwich restaurant chain brought an action to enjoin use of “Budway” along with a logo adopted to resemble Subway’s trademark logos. Subway alleged that the Budway trademark infringed its registered trademark and amounted to both passing off and depreciation of goodwill. The Court agreed and provided injunctive relief along with an award of damages and costs.

This motion for summary judgment involved the Canadian author, Thomas P. Kelley’s (“Kelley”) 1954 book The Black Donnellys and its sequel Vengeance of the Black Donnellys. The works recounted a famous fight in 1875 in Lucan, Ontario, over a land dispute and long-lasting feud.

Merck seeks to impeach three Canadian patents, one composition patent and two formulation patents, belonging to Wyeth. The patents relate to a 13-valent pneumococcal polysaccharide protein conjugate vaccine commercialized under the name Prevnar® 13.

For the first time, the Federal Court and the Federal Court of Appeal were asked to review the Minister of Health’s application of Canada’s new patent term extension regime, known as Certificates of Supplementary Protection or CSPs.

Sea Tow Services International, Inc. (“Sea Tow”) appealed the outcome of summary non-use cancellation proceedings under Section 45 of the Trademarks Act (the “Act”) to amend its SEA TOW registrations to delete certain towing and on-water assistance services.

Apple Inc. (“Apple”) brought an ex parte motion for default judgment against Abdul Waseah operating as Mobile Q (“Mobile Q”).

This decision relates to an action commenced by Boulangerie Vachon Inc (“Vachon”) and its affiliates against Silvano Racioppo (the “Individual Defendant”) and companies for which he acts as principal, including Natural Stuff Inc. and Hostess Bread Company Inc. (collectively, the “Corporate Defendants”). In the action – which proceeded via summary trial in Federal Court – the Plaintiffs alleged infringement, passing off, and depreciation of goodwill in the HOSTESS trademark by the Defendants.

This decision concerned a motion by the plaintiff (PSET) to file reply expert reports in an ongoing patent infringement action. PSET argued that these reply reports were necessitated by new evidence introduced by the defendants’ (Google) responding expert reports.