Little Brown Box Pizza, LLC v. DJB, 2024 FC 1592
Justice Pallotta - 2024-10-09
Read full decision. Automatically generated summary:
This is an appeal, made pursuant to section 56 of the Trademarks Act, RSC, 1985, c T-13 [TMA], of the Registrar decision to expunge registration number TMA929431 for PIEOLOGY (see 2023 TMOB 5). ... During the relevant period, the Owner was taking steps to expand PIEOLOGY restaurants into Canada and building its brand through social media. Considering the evidence as a whole, I am satisfied that the Owner’s online advertising during the relevant period was intended to target Canadian consumers. ... I find the Owner has provided sufficient evidence to demonstrate that it used the PIEOLOGY trademark in association with restaurant services in Canada during the relevant period. ... Taking into account the length of non-use, whether the reasons for non-use were beyond the owner’s control, and whether the owner had a serious intention to resume use shortly, I am not satisfied that the Owner has demonstrated special circumstances excusing non-use of the PIEOLOGY trademark with the remaining services covered by registration number TMA929431.
Decision relates to:
- T-657-23 - THE LITTLE BROWN BOX PIZZA, LLC v. DJB