Sea Two v C-Town, 2025 FC 27
Justice Southcott - 2025-01-06
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The Federal Court addressed trademark disputes between two companies engaged in similar marine assistance services. The core legal issues involved the validity of registered trademarks owned by one party and the challenge against them by the other. The court found that the registered trademarks in question should be partially struck from the Register due to the owner's failure to provide necessary declarations of use, leading to abandonment of prior applications. The court ruled in favour of the challenger, granting summary judgment on the motion, which validated their claims against the registered marks. Additionally, the decision included provisions for protecting commercially sensitive information, resulting in a redacted public judgment. This decision underscores the significance of active use and proper registration processes in trademark law.
Decision relates to:
- T-877-22 - SEA TOW SERVICES INTERNATIONAL, INC. v. C-TOW MARINE ASSISTANCE LTD.
- T-901-22 - C-TOW MARINE ASSISTANCE LTD. v. SEA TOW SERVICES INTERNATIONAL, INC.