Milano Pizza Ltd. v. 6034799 Canada Inc., 2023 FCA 85
Justice Stratas; Justice de Montigny; Justice Mactavish - 2023-04-27
Read full decision. Automatically generated summary:
The appellants seek an order overturning a decision which dismissed the appellants’ action for trademark infringement, passing off and depreciation of goodwill [2022 FC 425]. In that case, the Federal Court found that that the appellants’ registered Design Mark was invalid pursuant to paragraph 18(1)(b) of the Trademarks Act because it was not distinctive. Key to the Judge’s determination was her finding that the appellants failed to demonstrate sufficient control over its licensees for the licensees’ use of the mark to be deemed use by the trademark owner pursuant to subsection 50(1) of the TMA. Having carefully considered the submissions of the parties, this Court is of the view that this appeal cannot succeed. ... The Federal Court found the purchasing requirement and the territory requirement to be insufficient control for the appellants to benefit from subsection 50(1) of the TMA. We find no error of law or fact in that determination.
Decision relates to:
- A-93-22 - MILANO PIZZA LTD. ET AL v. 6034799 CANADA INC. ET AL which is an appeal from 2022 FC 425 in T-152-17