Dragona Carpet Supplies Mississauga Inc. v. Dragona Carpet Supplies Ltd., 2022 FC 1042
Justice Zinn - 2022-07-14
Read full decision. Automatically generated summary:
The Plaintiff moves for summary trial pursuant to Rule 213 of the Federal Courts Rules on its claim and the Defendants move for summary trial on their counterclaim. ... The Plaintiff moves for summary trial only with respect to its claim of passing off and relies only on its common law trademark rights, not its rights under its registered trademarks. The Plaintiff seeks an injunction and a reference on damages. ... The parties to this action are two businesses run by separate branches of an extended family. Both use trademarks and trade names incorporating the word DRAGONA ... As the Plaintiff’s use of the DRAGONA Trademark has at all times been under license from Dragona Scarborough, I find that any goodwill associated with the DRAGONA Trademark in Mississauga is that of the trademark owner, Dragona Scarborough, pursuant to subsection 50(1) of the Act. Accordingly, as the Plaintiff has no goodwill in the DRAGONA Trademark, the passing off action cannot succeed.
Decision relates to:
- T-751-21 - DRAGONA CARPET SUPPLIES MISSISSAUGA INC v. DRAGONA CARPET SUPPLIES LTD ET AL