Auberge & Spa Le Nordik Inc v. Therme Development (Cy) Ltd., 2024 FC 1765
Justice Tsimberis - 2024-11-06
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The case involves a dispute over trademark registrations for services related to spa and wellness centres. Nordik sought to expunge certain services from the respondent’s trademark registrations, alleging that the trademarks were invalid and not distinctive. The court considered legal burdens and issues related to the descriptive nature of the trademarks, potential confusion with Nordik's trademarks, and entitlement to secure the registrations. Nordik provided evidence of their prior use of the THERMËA trademarks in Canada. Ultimately, the court granted Nordik's application in part, finding the respondent's trademarks invalid in relation to certain services. The judgment highlighted the importance of distinctiveness and the potential for confusion between the trademarks in question.
Decision relates to:
- T-225-23 - AUBERGE & SPA LE NORDIK INC. ET AL. c. THERME DEVELOPMENT (CY) LTD.