Habbous v. Arc Physio Health Ltd., 2025 FC 297
Justice Fuhrer - 2025-02-14
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In this case, the applicant sought relief for trademark infringement, passing off, and depreciation of goodwill due to the respondents' use of similar marks. The court found that the marks "PHYSIO HEALTH" and "ARC PHYSIO HEALTH" created a likelihood of confusion with the registered trademark "PHYSIOHEALTH STUDIOS," which covers related goods and services. The applicant successfully established infringement under section 20 of the Trademarks Act but not under section 19. The court concluded that the individual respondents were not personally liable while holding the corporate entity accountable for the infringement. Consequently, the judgment was rendered in favour of the applicant, with terms outlined for remedies against the corporate respondent, while dismissing the claims against the individuals. The result highlighted the importance of trademark distinctiveness and the potential for consumer confusion in similar fields of commerce.
Decision relates to:
- T-140-24 - Arc Physio Health Ltd. et Al. v. Joanna Habbous
- T-2419-23 - Joanna Habbous v. Arc Physio Health Ltd. et Al.