Osmose-Pentox Inc. v. Société Laurentides Inc., 2014 FCA 146
Justice Mainville - 2014-06-03
Read full decision. Automatically generated summary:
This is an appeal from a decision of Justice Martineau of the Federal Court (the judge) dated June 11, 2013, the reasons for which bear citation number 2013 FC 626. The judge dismissed the trade-mark infringement action brought by the appellant (Osmose-Pentox). For the reasons that follow, it is my opinion that the appeal must be dismissed. In 2000, Osmose-Pentox discovered that Société Laurentides was selling and delivering to branches of the RONA chain, its main client at the time, containers of PermaTec primer sealer on which appeared the words “wood CONSERVATOR” and “CONSERVATEUR pour bois”. Osmose-Pentox instituted an action before the Federal Court, for infringement of its right to the exclusive use of its registered mark CONSERVATOR DESIGN.
Decision relates to:
- A-300-13 - OSMOSE-PENTOX INC. v. SOCIÉTÉ LAURENTIDES INC. which is an appeal from 2013 FC 626 in T-697-02