Milano Pizza Ltd. v. 6034799 Canada Inc., 2022 FC 425
Justice Fuhrer - 2022-04-04
Read full decision. Automatically generated summary:
At the heart of this dispute are take out restaurants operating as MILANO PIZZERIA in Ottawa and surrounding areas, and the Plaintiff’s rights in the trademark MILANO PIZZERIA & Design, that are contested by alleged former licensees. ... For the reasons that follow, the Plaintiff’s action is dismissed, while the Defendants’ counterclaim for the expungement of the Milano Design Registration is granted pursuant to paragraph 18(1)(b) of the Trademarks Act. The Plaintiff has failed to demonstrate sufficient controlled licensing of the Milano Design Mark, as contemplated by the TMA s 50(1), to justify maintaining the Milano Design Registration.
Decision relates to:
- T-152-17 - MILANO PIZZA LTD. v. 6034799 CANADA INC ET AL
- A-93-22(2023 FCA 85) - which is an appeal from this decision