Boulangerie Vachon Inc. v. Racioppo, 2021 FC 308

JurisdictionFederal Jurisdiction (Canada)
Citation2021 FC 308
CourtFederal Court (Canada)
Date09 April 2021
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13 practice notes
  • Alberta v. Canadian Copyright Licensing Agency, 2024 FC 292
    • Canada
    • Federal Court (Canada)
    • February 22, 2024
    ...Technologies Inc, 2021 FC 1336 at para 18, citing Tremblay v Orio Canada Inc, 2013 FC 109 at para 26 and Vachon Bakery Inc v Racioppo, 2021 FC 308 at paras 8, 12]. As Justice McHaffie stated in Ark Innovation at paragraph 18: If all parties are prepared to proceed through the simplified and......
  • Dermaspark Products Inc v. Patel, 2023 FC 388
    • Canada
    • Federal Court (Canada)
    • March 21, 2023
    ...and “just” to proceed by summary trial: Tremblay at para 26; Boulangerie Vachon Inc v Racioppo, 2021 FC 308 at paras 8, 12. If all parties are prepared to proceed through the simplified and typically less expensive summary trial process, this suggests it is just to procee......
  • 7294140 Canada Inc. DBA Zoomtoner v. Connexlogix Inc., 2023 FC 1010
    • Canada
    • Federal Court (Canada)
    • July 24, 2023
    ...arise even if the individual was the one who decided the company would undertake the alleged misconduct: Vachon Bakery Inc. v Racioppo, 2021 FC 308 at paras [53] Further, contrary to Zoomtoner’s submission at subparagraph 58(a) of its memorandum of fact and law, it is not enough for ......
  • Ark Innovation Technology Inc. v. Matidor Technologies Inc.,
    • Canada
    • Federal Court (Canada)
    • December 1, 2021
    ...is “suitable” and “just” to proceed by summary trial: Tremblay at para 26; Boulangerie Vachon Inc v Racioppo, 2021 FC 308 at paras 8, 12. If all parties are prepared to proceed through the simplified and typically less expensive summary trial process, this sugges......
  • Request a trial to view additional results
5 cases
  • Alberta v. Canadian Copyright Licensing Agency, 2024 FC 292
    • Canada
    • Federal Court (Canada)
    • February 22, 2024
    ...Technologies Inc, 2021 FC 1336 at para 18, citing Tremblay v Orio Canada Inc, 2013 FC 109 at para 26 and Vachon Bakery Inc v Racioppo, 2021 FC 308 at paras 8, 12]. As Justice McHaffie stated in Ark Innovation at paragraph 18: If all parties are prepared to proceed through the simplified and......
  • Dermaspark Products Inc v. Patel, 2023 FC 388
    • Canada
    • Federal Court (Canada)
    • March 21, 2023
    ...and “just” to proceed by summary trial: Tremblay at para 26; Boulangerie Vachon Inc v Racioppo, 2021 FC 308 at paras 8, 12. If all parties are prepared to proceed through the simplified and typically less expensive summary trial process, this suggests it is just to procee......
  • 7294140 Canada Inc. DBA Zoomtoner v. Connexlogix Inc., 2023 FC 1010
    • Canada
    • Federal Court (Canada)
    • July 24, 2023
    ...arise even if the individual was the one who decided the company would undertake the alleged misconduct: Vachon Bakery Inc. v Racioppo, 2021 FC 308 at paras [53] Further, contrary to Zoomtoner’s submission at subparagraph 58(a) of its memorandum of fact and law, it is not enough for ......
  • Ark Innovation Technology Inc. v. Matidor Technologies Inc.,
    • Canada
    • Federal Court (Canada)
    • December 1, 2021
    ...is “suitable” and “just” to proceed by summary trial: Tremblay at para 26; Boulangerie Vachon Inc v Racioppo, 2021 FC 308 at paras 8, 12. If all parties are prepared to proceed through the simplified and typically less expensive summary trial process, this sugges......
  • Request a trial to view additional results
8 firm's commentaries
  • Key Trademark Decisions In 2021
    • Canada
    • Mondaq Canada
    • January 19, 2022
    ...and Tribulations of Weak Trademarks (johnmckeownblog.com) Attacking the Distinctiveness of a Mark In Boulangerie Vachon Inc. v. Racioppo 2021 FC 308, 184 C.P.R. (4th) 183 applicant overcame an attack on its mark based on an alleged lack of distinctiveness and was successful in establishing ......
  • Key Trademark Decisions In 2021
    • Canada
    • Mondaq Canada
    • January 19, 2022
    ...and Tribulations of Weak Trademarks (johnmckeownblog.com) Attacking the Distinctiveness of a Mark In Boulangerie Vachon Inc. v. Racioppo 2021 FC 308, 184 C.P.R. (4th) 183 applicant overcame an attack on its mark based on an alleged lack of distinctiveness and was successful in establishing ......
  • Summary Trial And Other Means Of Adjudicating Intellectual Property Disputes Without A Full Trial
    • Canada
    • Mondaq Canada
    • May 29, 2023
    ...trial has been employed to adjudicate some or all issues in a range of intellectual property disputes. In Vachon Bakery Inc v Racioppo, 2021 FC 308, claims for trademark infringement and passing-off of the plaintiff's HOSTESS trademark were successfully brought, and the defendant's invalidi......
  • 2021 Year In Review: Key Trademark Cases In Canada
    • Canada
    • Mondaq Canada
    • January 20, 2022
    ...awarded damages in the amount of $15,000, with an additional $25,000 for costs. A Half-Baked Plan In Boulangerie Vachon Inc. v. Racioppo, 2021 FC 308, the Federal court held that the defendants' use of the trademark HOSTESS and the trade name Hostess Bread Company Inc. on bread products inf......
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