Piscitelli v. LCBO 2001 FedCt Decision re Millennium

Piscitelli has been cited as authority for: Drawing negative inferences, The standard of review in the face of new evidence, and That a Federal Court can a declare an official mark as unenforceable. Piscitelli has been cited in 5 cases in the Federal Court of Canada, as of August 2018, for: Drawing Negative Inferences [37]… Continue reading Piscitelli v. LCBO 2001 FedCt Decision re Millennium

TIME DEVELOPMENT GROUP INC. & TIME DEVELOPMENT INC. v. TIMES GROUP CORPORATION & TIMES DEVELOPMENTS INC. 2017

A Federal Court determined that a registered trademark, TIMES GROUP CORPORATION, had been infringed by a confusing tradename, TIME DEVELOPMENT GROUP, per The Honourable Mr. Justice O’Reilly, 2016 FC 1075. Time Development Group Inc. appealed the decision to the Federal Court of Appeal.   Time Development Group Inc. v. Times Group Corporation: Plaintiff registered its corporate name as… Continue reading TIME DEVELOPMENT GROUP INC. & TIME DEVELOPMENT INC. v. TIMES GROUP CORPORATION & TIMES DEVELOPMENTS INC. 2017

Why Buy a Mattress Anywhere Else is a trademark

The Federal Court of Canada granted Sleep Country an interlocutory injunction against Sears’ use of “There is no reason to buy a mattress anywhere else” because it was causing a loss of distinctiveness to Sleep Country’s trademark, “Why Buy a Mattress Anywhere Else?” It appears that Sleep Country’s radio slogan, “Why Buy a Mattress Anywhere… Continue reading Why Buy a Mattress Anywhere Else is a trademark

HERTZ SYSTEM INC et al v. HERC EQUIPMENT RENTALS INC

HERC 360 Design trademark registation owned by Hertz Systems

The HERTZ System, Inc. v. HERC Equipment Rentals is a case filed in March 2016 in the Federal Court of Canada. Essential facts: HERC EQUIPMENT RENTALS INC. ON-1389811 Incorporated on 2000-01-24 Heavy equipment rental business based in Hamilton, Ontario Linkedin profile Trademark: HERC, Searched, 1775377 filed November 10, 2014, based on use in CANADA since June 2002. Claims:… Continue reading HERTZ SYSTEM INC et al v. HERC EQUIPMENT RENTALS INC

RE/MAX, LLC v. PROPERTY MAX REALTY INC. AND OTHERS T-545-16

RE/MAX sues Property Max Realty

RE/MAX, LLC sued PROPERTY MAX REALTY INC. AND OTHERS for trademark infringement in Vancouver Canada according to Federal Court file T-545-16. PROPERTY MAX REALTY INC. appears to operate from propertymax.ca. Trademark Infringement and Passing Off PROPERTY MAX’s logo doesn’t look anything like the RE/MAX logo, the name includes the words “MAX REALTY” and that may be the basis for… Continue reading RE/MAX, LLC v. PROPERTY MAX REALTY INC. AND OTHERS T-545-16