Cosmetic Warriors Limited v. Riches, McKenzie & Herbert LLP, 2019 FCA 48
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2019 FCA 48 |
| Date | 11 March 2019 |
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14 practice notes
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Miller Thomson LLP v. Hilton Worldwide Holding LLP, 2020 FCA 134
...section 45 of the Act are subject to review on the correctness standard: Cosmetic Warriors Limited. v. Riches, McKenzie & Herbert LLP, 2019 FCA 48, [2019] 3 F.C.R. 125 at paras. 16–17. The Federal Court was thus entitled to determine whether the Registrar’s decision with respect to the ......
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Sherzady v. Norton Rose Fullbright Canada LLP/s.e.n.c.r.l., s.r.l., 2022 FC 1712
...facts from which a conclusion of use may flow as a logical inference: Cosmetic Warriors Limited v Riches, McKenzie & Herbert LLP, 2019 FCA 48 at para 10. An affidavit or statutory declaration that provides a factual description of the use of the trademark demonstrating that the requirem......
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Michaels v. Unitop Spolka Z Organiczona Odpowiedzialnoscia, 2020 FC 937
...Worldwide Holding LLP, 2020 FCA 134 [Miller Thomson] at para 81, citing Cosmetic Warriors Limited v Riches, McKenzie & Herbert LLP, 2019 FCA 48 [Cosmetic Warriors] at paras 16-17. In the latter case, the Federal Court of Appeal found that while the hearing officer’s decision raised an e......
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GNR Travel Centre Ltd. v. CWI, Inc., 2023 FC 2
...Thomson LLP v Hilton Worldwide Holding LLP, 2020 FCA 134 at para 81; Cosmetic Warriors Limited v Riches, McKenzie & Herbert LLP, 2019 FCA 48 at para 17. [36] In its Statement of Opposition CWI pled that the Mark had not been used by GNR as a trademark for the purpose of distinguishing o......
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7 cases
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Miller Thomson LLP v. Hilton Worldwide Holding LLP, 2020 FCA 134
...section 45 of the Act are subject to review on the correctness standard: Cosmetic Warriors Limited. v. Riches, McKenzie & Herbert LLP, 2019 FCA 48, [2019] 3 F.C.R. 125 at paras. 16–17. The Federal Court was thus entitled to determine whether the Registrar’s decision with respect to the ......
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Sherzady v. Norton Rose Fullbright Canada LLP/s.e.n.c.r.l., s.r.l., 2022 FC 1712
...facts from which a conclusion of use may flow as a logical inference: Cosmetic Warriors Limited v Riches, McKenzie & Herbert LLP, 2019 FCA 48 at para 10. An affidavit or statutory declaration that provides a factual description of the use of the trademark demonstrating that the requirem......
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Michaels v. Unitop Spolka Z Organiczona Odpowiedzialnoscia, 2020 FC 937
...Worldwide Holding LLP, 2020 FCA 134 [Miller Thomson] at para 81, citing Cosmetic Warriors Limited v Riches, McKenzie & Herbert LLP, 2019 FCA 48 [Cosmetic Warriors] at paras 16-17. In the latter case, the Federal Court of Appeal found that while the hearing officer’s decision raised an e......
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GNR Travel Centre Ltd. v. CWI, Inc., 2023 FC 2
...Thomson LLP v Hilton Worldwide Holding LLP, 2020 FCA 134 at para 81; Cosmetic Warriors Limited v Riches, McKenzie & Herbert LLP, 2019 FCA 48 at para 17. [36] In its Statement of Opposition CWI pled that the Mark had not been used by GNR as a trademark for the purpose of distinguishing o......
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7 firm's commentaries
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2019 Will Go Down In History As 'The Year Of Change' In Canadian Trademark Law Part II
...interest and application: You can lose your shirt and still show use: In Cosmetic Warriors Limited v Riches, McKenzie & Herbert LLP, 2019 FCA 48, the Federal Court of Appeal, in deciding an appeal of a TMOB decision in a Section 45 proceeding, held that monetary profits are not necess......
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Canadian Trademark Law Updates
...decision regarding trademark "use", the Federal Court of Appeal confirmed in Cosmetic Warriors Limited v Riches, McKenzie & Herbert LLP, 2019 FCA 48 ("Cosmetic Warriors") that goods need not be sold for profit to show that a trademark has been used in the normal course of trade. In Cosmetic......
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Trademark 'Use' In The Normal Course Of Trade: Revisited
...where use is unconventional in nature, comprehensive records about ways in which trademarks have been used should be retained. Footnotes 1 2019 FCA 48 2 Trade-marks Act, RSC 1985, c 3 Ibid at para 22. 4 Ibid at para 29. 5 JC Penney Co. Inc. v. Gaberdine Clothing Co. Inc., 2001 FCT 1333 at p......
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Trademarks On Promotional Products Profit Is Not A Requirement For Use
...In particular, does a party need to make a profit for there to be use in the ordinary course of trade? The Federal Court of Appeal (2019 FCA 48) decision held that trademark use does not require proof of profits from the sale of the registered goods, and suggested that in some cases, even "......
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