Benjamin Moore & CO. Limited v. Home Hardware Stores Limited, 2017 FCA 53

JurisdictionFederal Jurisdiction (Canada)
Subject MatterCOURTS,ADMINISTRATIVE LAW,STATUTES,PRACTICE,CRIMINAL LAW
Citation2017 FCA 53
CourtCourt of Appeal (Canada)
Date15 March 2017
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6 practice notes
  • Anterra Wines Canada, Inc. v. Diageo North America, Inc., 2020 FC 508
    • Canada
    • Federal Court (Canada)
    • April 9, 2020
    ...in greater detail below: Masterpiece, above at paras 43, 45 and 48; Benjamin Moore & Co Limited v Home Hardware Stores Limited, 2017 FCA 53 [Benjamin Moore] at para 32. [43] The alleged family of trademarks therefore essentially consists of NAKED GRAPE and NAKED GRAPE FIZZ, but “two … m......
  • Canadian Trade-Marks: Year In Review 2017
    • Canada
    • Mondaq Canada
    • April 6, 2018
    ...is picked up for disposal. Accordingly, the appeal of U-Haul was dismissed. In Benjamin Moore & Co. Ltd. v. Home Hardware Stores Ltd., 2017 FCA 53, the Federal Court of Appeal granted an appeal from the Federal Court in a matter concerning the material dates to be used when assessing wh......
  • NATURA Trademark Case Sent Back To Federal Court For Re-Determination: Family Of Marks Vs Mark To Mark Comparison And The Importance Of Relevant Material Dates
    • Canada
    • Mondaq Canada
    • April 28, 2017
    ...Benjamin Moore & CO. Limited v. Home Hardware Stores Limited, 2017 FCA 53 the Federal Court of Appeal granted an appeal of the Federal Court's judgement which had set aside the Opposition Board's Benjamin Moore had applied to register the trademarks BENJAMIN MOORE NATURA (word mark) and......
  • Intellectual Property Weekly Abstracts Bulletin — Week Of March 20
    • Canada
    • Mondaq Canada
    • March 31, 2017
    ...Between the Marks Allowed; Matter Referred Back for Redetermination Benjamin Moore & CO. Limited v. Home Hardware Stores Limited, 2017 FCA 53 The Federal Court of Appeal ("FCA") granted an appeal of the Federal Court's ("FC") judgment, which had set aside the decision of the Trademarks ......
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1 cases
  • Anterra Wines Canada, Inc. v. Diageo North America, Inc., 2020 FC 508
    • Canada
    • Federal Court (Canada)
    • April 9, 2020
    ...in greater detail below: Masterpiece, above at paras 43, 45 and 48; Benjamin Moore & Co Limited v Home Hardware Stores Limited, 2017 FCA 53 [Benjamin Moore] at para 32. [43] The alleged family of trademarks therefore essentially consists of NAKED GRAPE and NAKED GRAPE FIZZ, but “two … m......
5 firm's commentaries

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