Dollar General Corporation v. 2900319 Canada Inc.
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2018 FC 778 |
| Date | 25 July 2018 |
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16 practice notes
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Miller Thomson LLP v. Hilton Worldwide Holding LLP,
...and loyalty program services constituted the performance of “hotel services”. See also Dollar General Corporation v. 2900319 Canada Inc., 2018 FC 778, 157 C.P.R. (4th) 318. [111] Miller Thomson notes that Kraft involved the use of a mark in association with the sale of goods, and that certa......
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The Little Brown Box Pizza, LLC v. DJB,
...a primary service can be supported through incidental and ancillary services: Hilton FCA; Dollar General Corporation v 2900319 Canada Inc, 2018 FC 778 [Dollar General]; TSA Stores, Inc v Registrar of Trade-Marks, 2011 FC 273 [TSA Stores]. Relying on this Court’s decision in Hilton Worldwide......
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Canadian Internet Law Update 2018*
...in Canada. The court allowed the appeal and set aside the Registrar's decision. See also Dollar General Corp. v. 2900319 Canada Inc., 2018 FC 778. Infringing Domain Royal Pacific Real Estate Group Ltd. v. Dong, 2018 BCSC 1272, involved a dispute over the defendants' unauthorized use and inf......
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2K4 Inc. O/A Indican Pictures v. Indiecan Entertainment Inc.,
...Federal Court and Federal Court of Appeal have suggested the opposite. For example, in Dollar General Corporation v 2900319 Canada Inc, 2018 FC 778 at para 30 [Dollar General], Justice Manson explained that in section 45 proceedings the evidentiary burden is assessed on a prima facie the bu......
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6 cases
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Miller Thomson LLP v. Hilton Worldwide Holding LLP
...and loyalty program services constituted the performance of “hotel services”. See also Dollar General Corporation v. 2900319 Canada Inc., 2018 FC 778, 157 C.P.R. (4th) 318. [111] Miller Thomson notes that Kraft involved the use of a mark in association with the sale of goods, and that certa......
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The Little Brown Box Pizza, LLC v. DJB
...a primary service can be supported through incidental and ancillary services: Hilton FCA; Dollar General Corporation v 2900319 Canada Inc, 2018 FC 778 [Dollar General]; TSA Stores, Inc v Registrar of Trade-Marks, 2011 FC 273 [TSA Stores]. Relying on this Court’s decision in Hilton Worldwide......
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2K4 Inc. O/A Indican Pictures v. Indiecan Entertainment Inc.
...Federal Court and Federal Court of Appeal have suggested the opposite. For example, in Dollar General Corporation v 2900319 Canada Inc, 2018 FC 778 at para 30 [Dollar General], Justice Manson explained that in section 45 proceedings the evidentiary burden is assessed on a prima facie the bu......
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Live! Holdings, LLC v. Oyen Wiggs Green & Mutala LLP
...view, a bricks and mortar presence is not required to offer a service (relying on Dollar General Corporation v 2900319 Canada Inc, 2018 FC 778, 157 CPR (4th) 318 [Dollar General]; Hilton Worldwide Holding LLP v Miller Thomson, 2018 FC 895, 159 CPR (4th) 243 [Hilton]), TSA Stores, Inc v Regi......
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10 firm's commentaries
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Canadian Internet Law Update 2018*
...in Canada. The court allowed the appeal and set aside the Registrar's decision. See also Dollar General Corp. v. 2900319 Canada Inc., 2018 FC 778. Infringing Domain Royal Pacific Real Estate Group Ltd. v. Dong, 2018 BCSC 1272, involved a dispute over the defendants' unauthorized use and inf......
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Special Circumstances: Lessons from Canada’s Federal Court on Trademark Non-Use
...offered in this country (cf. TSA Stores, Inc. v. Registrar of Trademarks 2011 FC 273 and Dollar General Corporation v. 2900319 Canada Inc. 2018 FC 778). In the present case, the Court was convinced that the Registrant’s online advertising during the Relevant Period did target Canadian consu......
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Federal Court of Appeal does not disturb lower court’s finding of 'use' for hotel services
...2011 FC 273. 5. Saks & Co v Canada (Registrar of Trade-marks) (1989), 24 CPR (3d) 49. 6. Dollar General Corporation v 2900319 Canada Inc, 2018 FC 778. 7. See Maillis v Mirage Resorts Inc, 2012 TMOB 220; Stikeman Elliott LLP v Millennium & Copthorne International Limited, 2015 TMOB 8. See Su......
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Federal Court Of Appeal Does Not Disturb Lower Court's Finding Of 'Use' For Hotel Services
...2011 FC 273. 5. Saks & Co v Canada (Registrar of Trade-marks) (1989), 24 CPR (3d) 49. 6. Dollar General Corporation v 2900319 Canada Inc, 2018 FC 778. 7. See Maillis v Mirage Resorts Inc, 2012 TMOB 220; Stikeman Elliott LLP v Millennium & Copthorne International Limited, 2015 TMOB 8. See Su......
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