Production Order Dismissed on Appeal because Misrepresentation or Misleading Trade-mark Office Not Pleading

  • October 07, 2015

Concierge Connection Inc. v. Venngo Inc., 2015 FCA 215 (Nadon J.A., Boivin J.A. and de Montigny J.A.)

October 7, 2015

Davie Reive of Miller Thomson LLP, for Concierge Connection Inc. (Appellants)
Andrew R.O. Jones of Sim, Lowman, Ashton & McKay LLP, for Venngo Inc. (Respondent)

The Court allowed the appeal from an Order requiring the defendant in a trademark infringement proceeding to provide detailed financial revenue. The Court made clear that to obtain the ab initio invalidation of a registered trademark, it is necessary to show that the trademark was obtained either by making a misrepresentation to the trademark office or misleading it in a material way. The Court held there was nothing giving rise to such a determination in the pleadings and therefore it was an error for the hearing Judge to find that the appellants had engaged in wilful and negligent representations in the registration process.” The hearing Judge was therefore in error by not interfering with the Prothonotary’s production order requiring the financial documents to be produced.

By: Alan Macek, Dimock Stratton LLP