2K4 Inc. O/A Indican Pictures v. Indiecan Entertainment Inc., 2025 FC 20
Justice McVeigh - 2025-01-03
Read full decision. Automatically generated summary:
2K4 Inc. o/a Indican Pictures [the Applicant] seeks to assert rights in the unregistered Canadian trademark “Indican Pictures,” used in association with television, radio, and film distribution services in Canada. The Applicant accuses IndieCan Entertainment Inc. [the Respondent], a Canadian company of passing off its film distribution services as and for those of the Applicant. ... Use is an essential requirement in the passing off analysis under paragraph 7(b). In my view, the Applicant has not established use of its Mark in association with film distribution services before 2011. Therefore, the analysis can end there, as the Applicant has not established that its Mark was a valid Canadian trademark in 2011.
Decision relates to:
- T-1706-23 - 2K4 Inc. o/a Indican Pictures v. Indiecan Entertainment Inc.