1196278 Ontario Inc DBA Sassafraz v. 815470 Ontario Ltd DBA Sassafras Coastal Kitchen & Bar,
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2022 FC 116 |
| Date | 02 February 2022 |
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8 practice notes
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Dermaspark Products Inc v. Patel
...Subway’s goods and services. [116] In 1196278 Ontario Ltd (Sassafraz) v 815470 Ontario Ltd (Sassafras Coastal Kitchen and Bar), 2022 FC 116 at para 98, the Court noted that: [98] The goodwill associated with a trademark can be depreciated in various ways. These include disparagement,......
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Ecolab USA Inc. v. 2431717 Ontario Inc.
...the relevant period (close to $300,000). In 1196278 Ontario Inc (Sassafraz) v 815470 Ontario Ltd (Sassafras Coastal Kitchen & Bar), 2022 FC 116, the plaintiff was awarded $15,000 for only 1.5 years of illegal use after being made aware of illegal activities. In Dermaspark Products Inc v......
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Habbous v. Arc Physio Health Ltd.
...very similar: Masterpiece, above at para 49; 1196278 Ontario Inc (Sassafraz) v 815470 Ontario Ltd (Sassafras Coastal Kitchen & Bar), 2022 FC 116 at para [30] In my view, the dominant element of the registered trademark PHYSIOHEALTH STUDIOS is the coined word PHYSIOHEALTH. [31] From Augu......
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The Trademark Four(Mula): Enforcement And Risk Mitigation
...Techno Piles Inc., 2023 FC 581, at para. 91. 35. 1196278 Ontario Inc (Sassafraz) v. 815470 Ontario Ltd (Sassafras Coastal Kitchen & Bar), 2022 FC 116, at para. 102. 36. S. & S. Industries Inc. v. Rowell, [1966] SCR 419 (SCC), at 424. 37. Enterprise Rent-A-Car Co. v. Singer (1996), 66 C.P.R.......
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5 cases
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Dermaspark Products Inc v. Patel
...Subway’s goods and services. [116] In 1196278 Ontario Ltd (Sassafraz) v 815470 Ontario Ltd (Sassafras Coastal Kitchen and Bar), 2022 FC 116 at para 98, the Court noted that: [98] The goodwill associated with a trademark can be depreciated in various ways. These include disparagement,......
-
Ecolab USA Inc. v. 2431717 Ontario Inc.
...the relevant period (close to $300,000). In 1196278 Ontario Inc (Sassafraz) v 815470 Ontario Ltd (Sassafras Coastal Kitchen & Bar), 2022 FC 116, the plaintiff was awarded $15,000 for only 1.5 years of illegal use after being made aware of illegal activities. In Dermaspark Products Inc v......
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Habbous v. Arc Physio Health Ltd.
...very similar: Masterpiece, above at para 49; 1196278 Ontario Inc (Sassafraz) v 815470 Ontario Ltd (Sassafras Coastal Kitchen & Bar), 2022 FC 116 at para [30] In my view, the dominant element of the registered trademark PHYSIOHEALTH STUDIOS is the coined word PHYSIOHEALTH. [31] From Augu......
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Armour Transport Inc v. 2098763 Alberta Ltd
...Lifestyles Inc, 2011 SCC 27 at para 49; 1196278 Ontario Inc (Sassafraz) v 815470 Ontario Ltd (Sassafras Coastal Kitchen & Bar), 2022 FC 116 at para [46] Here, the common and dominant element of the Infringed Armour Marks and the Impugned Branding is the identical word ARMOUR. To the ext......
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3 firm's commentaries
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The Trademark Four(Mula): Enforcement And Risk Mitigation
...Techno Piles Inc., 2023 FC 581, at para. 91. 35. 1196278 Ontario Inc (Sassafraz) v. 815470 Ontario Ltd (Sassafras Coastal Kitchen & Bar), 2022 FC 116, at para. 102. 36. S. & S. Industries Inc. v. Rowell, [1966] SCR 419 (SCC), at 424. 37. Enterprise Rent-A-Car Co. v. Singer (1996), 66 C.P.R.......
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2022 Year In Review: Key Trademark Cases In Canada
...The February 2022 decision of the Federal Court in 1196278 Ontario Inc. dba SASSAFRAZ v 815470 Ontario Ltd. dba SASSAFRAS COASTAL KITCHEN, 2022 FC 116 reinforces the value of owning a registered trademark as opposed to relying on unregistered or common law trademark The Applicant has operat......
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Sassafraz v Sassafras: Recent Decision Demonstrates Value Of Trademark Registration And Summary Enforcement Procedures In Canada
...2022, in 1196278 Ontario Inc. dba SASSAFRAZ v 815470 Ontario Ltd. dba SASSAFRAS COASTAL KITCHEN, 2022 FC 116 the Federal Court granted the well-known Toronto restaurant Sassafraz judgment against the operator of a restaurant operating as "Sassafras" in the Niagara region of Sassafraz has op......