Isaac Bennet Sales Agencies brought a section 56 appeal of the Registrar of Trademarks’ decision to expunge its trademark registration for MINT under section 45 for failure to provide evidence of use. The Federal Court allowed the appeal, maintaining the registration for specific goods based on new evidence showing use of the mark during the relevant period.

In this decision, the Federal Court dismissed two motions brought by the Defendants: the first in which the Defendants sought to appeal a case management Judge’s Order striking the Defendants’ counterclaim for damage reputation, interference with the peaceful enjoyment of property, and moral prejudice under Quebec’s Charter of Human Rights and Freedoms for want of jurisdiction; the second seeking a motion to stay case management judge’s Order pending an appeal.

The Federal Court dismissed an appeal by the Applicant of a decision of the Registrar of Trademarks under section 456 of the Trademarks Act maintaining the registration for the trademark PATAGONIA (“the Mark”), registration number TMA640,533, registered for use in association with “beer.”

The Plaintiff in a copyright infringement action brought a motion to amend its already Amended Statement of Claim, and to adjourn trial.

The Applicants in this case sought three outcomes: 1) to have three inventors added as named co-inventors on a Canadian patent where only one inventor was listed previously; 2) to have an entity (“Koroyd SARL”) added as a co-owner of the Canadian patent; and 3) to have the name of the currently registered owner (“Smith Optics, Inc.”) of that patent replaced with its correct legal name (“Smith Sport Optics, Inc.”).

This decision relates to an action under subsections 7(b), (c), and (d) of the Trademarks Act, with respect to the unregistered trademark, “WANAKOME.” The action also involved a challenge to a defendant’s copyright registration for the artistic work used in the Wanakome logo.

This decision pertains to an application for copyright infringement. Justice Zinn dismissed the application.

The Attorney General of Canada (AGC) sought summary judgment against the Plaintiff, Blacklock’s Reporter (BR), which launched an action against Parks Canada. BR is an Ontario-based online news corporation which offered subscription-based articles on its website, covering politics, legislation, parliamentary committees, federal bureaucracy and courts.

The Appellant, Promotion in Motion, Inc. (“PIM”), appealed the decision of the Trademarks Opposition Board refusing its trademarks applications for SWISSKISS and SWISSKISS & Design [the “SWISSKISS Trademarks”]. The opposition was brought by Hershey Chocolate & Confectionery LLC [Hershey], who opposed the applications based mainly on its registered KISSES trademark (TMA733,263) and KISS trademark (TMA833,060).

The Applicant filed a Notice of Application to have the Respondent’s trademarks expunged in early 2017. In 2023, the Respondent sought an order under Rule 167 of the Federal Courts Rules (the “Rules”) to dismiss the underlying Notice of Application for delay, asserting substantial delays were attributable to the Applicant or its counsel or both. After considering three periods of delay, the Court granted an order to dismiss the Applicant’s expungement Application.