The decision of Justice Near in BBM Canada v. Research In Motion Limited was released yesterday. The proceeding against RIM for trademark infringement and depreciation of BBM Canada’s registered marks was brought by way of application rather than by way of action. The Court dismissed the proceeding and awarded costs in favour of RIM.

In yesterday’s decision, Justice Near concluded that:

[68] There is no confusion and deemed infringement, passing off or depreciation in the goodwill associated with the Applicant’s trade-mark by the use of “BBM” on the part [of] RIM to promote its BlackBerry Messenger service. The Applicant is only entitled to protection of its trade-mark under the Act in the provision of broadcast measurement services.

The decision is available as BBM Canada v. Research In Motion, 2012 FC 666 (PDF).

Bringing the proceeding by way of application was challenged to the Federal Court of Appeal in 2011 FCA 151, which held that violations of the Trade-marks Act may be brought by way of either action or application.