CIRA 344 - CIRA granted Virox its request to have the domain virox.ca transferred from Nameshield to itself, based on the domain being confusingly similar to Virox’s trademarks, Nameshield having registered the domain in bad faith and Nameshield having no legitimate interest in the domain.
CIPO has provided some insight to efforts in advance of the implementation of changes to the Canadian trademark system. The actions are comforting even if the statistics suggest there may be cause for concern in respect of recent Examination quality.
2016 FC 1279 - The FC found that API violated section 7(a) of the Trade-marks Act by making false or misleading statements tending to discredit the business, goods, or services of Excalibre, when it sent cease and desist letters to some of Excalibre’s customers.
2016 ONSC 7201 - The ONSC found Bemco to be in breach of its settlement agreement with Mars, and found Mars entitled to summary judgment. The settlement agreement was in relation to Bemco grey marketing Mars' goods.
Padcon Ltd v Gowling Lafleur Henderson LLP, 2015 FC 943 - Padcon's trade-mark for "THE OUTRIGGER STEAKHOUSE AND BAR" was expunged for lack of use by deviation. It's only use was the inclusion of the term "OUTRIGGER" on restaurant menu items and promotional materials.
Agros Trading Confectionery SPZOO v K-Max Corp, 2015 ONSC 3166 - This case is an example of one company, who was sued for trade-mark infringement, attempting to evade the court ruling by incorporating a new company to continue selling the infringing products. Even though the infringement was taking place under new companies, infringers were still bound by an injunction preventing them from selling the infringing goods.