Miller Thomson LLP v. Hilton Worldwide Holding LLP, 2019 FCA 193
Justice Locke - 2019-06-27
Read full decision. Summary prepared by Alan Macek:
This decision arises in the context of an appeal by Miller Thomson LLP of a decision of the Federal Court (see 2018 FC 895) which set aside a decision of the Registrar (see 2017 TMOB 19) that in turn expunged the registration of the trademark WALDORF-ASTORIA belonging to the respondent, Hilton. Because Hilton was successful, and its trademark registration was maintained, the Federal Court found it unnecessary to address other contested issues. Portions of Hilton's memorandum of fact and law addressing the other issues was struck (see 2019 FCA 156). The present motion relates to an extension of time for Hilton to file a Notice of Cross-Appeal and related steps. The Court was satisfied that each of the four enumerated factors to be considered when determining whether an extension of time (continuing intention, potential merit, prejudice, reasonable explanation) should be granted favours Hilton's request for an extension of time.
Decision relates to:
- A-325-18 - MILLER THOMSON LLP v. HILTON WORLDWIDE HOLDING LLP which is an appeal from 2018 FC 895 in T-515-17
- A-369-18 - MILLER THOMSON LLP v. HILTON WORLDWIDE HOLDING LLP which is an appeal from a decision dated 2018-11-06 in T-515-17