Beyond Restaurant Group LLC v. Wang, 2020 FC 514
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2020 FC 514 |
| Date | 15 April 2020 |
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3 practice notes
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Travel Leaders Group, LLC v. 2042923 Ontario Inc. (Travel Leaders), 2023 FC 319
...the presumption that trademarks are valid until proven otherwise (APEC Water Systems at para 16; Beyond Restaurant Group LLC v Wang, 2020 FC 514 at para 24 (Beyond Restaurant Group)). The presumption underlines the normal burden of proof borne by an attacking party to present evidence ......
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Yiwu Thousand Shores E-Commerce Co. Ltd. v. Lin,
...Impugned Registration is invalid is the presumption that trademarks are valid until proven otherwise (Beyond Restaurant Group LLC v Wang, 2020 FC 514 at para 24 (Beyond Restaurant); Mr P’s Mastertune Ignition Services Ltd v Tune Master Inc, [1984] 82 CPR (2d) 128 (FC) at 134). The pr......
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Don't POKE A Trademark Unless You Have Sufficient Evidence To Invalidate It
...Group LLC v Wang, 2020 FC 514 Proving non-use of a third party's mark can be a difficult exercise in evidence gathering. It is often said that it is hard to prove a negative. Indeed, the aphorism "absence of evidence is not evidence of absence" comes to mind. However, when it comes to court......
2 cases
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Travel Leaders Group, LLC v. 2042923 Ontario Inc. (Travel Leaders), 2023 FC 319
...the presumption that trademarks are valid until proven otherwise (APEC Water Systems at para 16; Beyond Restaurant Group LLC v Wang, 2020 FC 514 at para 24 (Beyond Restaurant Group)). The presumption underlines the normal burden of proof borne by an attacking party to present evidence ......
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Yiwu Thousand Shores E-Commerce Co. Ltd. v. Lin, 2021 FC 1040
...Impugned Registration is invalid is the presumption that trademarks are valid until proven otherwise (Beyond Restaurant Group LLC v Wang, 2020 FC 514 at para 24 (Beyond Restaurant); Mr P’s Mastertune Ignition Services Ltd v Tune Master Inc, [1984] 82 CPR (2d) 128 (FC) at 134). The pr......
1 firm's commentaries
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Don't POKE A Trademark Unless You Have Sufficient Evidence To Invalidate It
...Group LLC v Wang, 2020 FC 514 Proving non-use of a third party's mark can be a difficult exercise in evidence gathering. It is often said that it is hard to prove a negative. Indeed, the aphorism "absence of evidence is not evidence of absence" comes to mind. However, when it comes to court......