Giuseppe De Luca v. Geox S.P.A., 2024 FC 1441
Justice St-Louis - 2024-09-13
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The court dismissed the applicant's claim regarding the invalidity of the respondent's trademark under paragraph 18(1)(b) of the Trademarks Act, as the applicant failed to establish that the respondent's trademark was not distinctive on the relevant date. The court also addressed the admissibility of certain paragraphs in the affidavits submitted by the parties, concluding that legal conclusions and statements not within the deponents' personal knowledge should be given little or no weight. The respondent argued that the applicant did not provide evidence of the use or promotion of their own trademark and failed to demonstrate its reputation in Canada, which led to the dismissal of the application. Both parties presented evidence through affidavits and witness testimonies during the proceedings.
Decision relates to:
- T-654-22 - GIUSEPPE DE LUCA v. GEOX S.P.A.