Caprice Holdings Limited v. West Georgia Lounge Holding Corp., 2025 FC 68
Justice McVeigh - 2025-01-13
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In this case, the court addressed an application for expungement of a trademark registration for "IVY" under section 57 of the Trademarks Act. The applicant argued that the trademark was abandoned, given the respondent's lack of use and cessation of business activities related to the mark since its eviction from the premises in March 2021. The evidence indicated that the respondent had been dissolved and had failed to use the trademark in Canada. The court confirmed that proper service was executed and the applicant had standing, as it sought to register similar marks that were obstructed by the respondent's registration. The court concluded that the respondent's trademark registration should be struck due to abandonment, as it was not in use and the evidence suggested an intent to abandon. Thus, the application was granted, leading to the expungement of the "IVY" registration from the Trademarks Register.
Decision relates to:
- T-1282-24 - Caprice Holdings Limited v. West Georgia Lounge Holding Corp.