Energizer Brands, LLC and Energizer Canada inc. v. Gillette Campany et al.
| Jurisdiction | Federal Jurisdiction (Canada) |
| Citation | 2023 FC 804 |
| Date | 06 July 2023 |
| Court | Federal Court (Canada) |
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14 practice notes
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Zanin v. Ooma Inc.
...or “ordinary” consumer to whom the representation is made, directed, or targeted. [473] In Energizer Brands, LLC v Gillette Company, 2023 FC 804 [Gillette], Justice Janet Fuhrer reminded that the determination of the general impression of an advertisement included consideration of the natur......
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Pass Herald Ltd v. Google Llc
...Apotex Inc v Hoffman La-Roche Limited, 2000 CanLII 16984 (ON CA) [Apotex] at para 16; Energizer Brands, LLC v The Gillette Company, 2023 FC 804 [Energizer] at para 176(4); Maritime Travel Inc v Go Travel Direct Inc, 2008 NSSC 163 at para 76, aff’d 2009 NSCA 42 [Go Travel] at paras 27-29. Th......
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The Trademark Four(Mula): Enforcement And Risk Mitigation
...s. 22. 23. Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltée, 2006 SCC 23, at para. 46. 24. Energizer Brands, LLC v. Gillette Company, 2023 FC 804, at para. 89; Toys "R" Us (Canada) Ltd. v. Herbs "R" Us Wellness Society, 2020 FC 682, at para. 25. Veuve Clicquot Ponsardin v. Boutiques Cliqu......
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Federal Court Weighs In On Comparative Advertising Claims
...decision of the Federal Court of Canada in Energizer Brands, LLC v. Gillette Company, 2023 FC 804 has dealt with the use of comparative performance claim labels and stickers on product packaging. It considered whether the claims made depreciated trademark goodwill, and, as well, were decept......
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4 cases
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Zanin v. Ooma Inc.
...or “ordinary” consumer to whom the representation is made, directed, or targeted. [473] In Energizer Brands, LLC v Gillette Company, 2023 FC 804 [Gillette], Justice Janet Fuhrer reminded that the determination of the general impression of an advertisement included consideration of the natur......
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Pass Herald Ltd v. Google Llc
...Apotex Inc v Hoffman La-Roche Limited, 2000 CanLII 16984 (ON CA) [Apotex] at para 16; Energizer Brands, LLC v The Gillette Company, 2023 FC 804 [Energizer] at para 176(4); Maritime Travel Inc v Go Travel Direct Inc, 2008 NSSC 163 at para 76, aff’d 2009 NSCA 42 [Go Travel] at paras 27-29. Th......
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Group Iii International Ltd v. Travelway Group International Ltd
...to demonstrate a causal link between the use of the Infringing Marks and its lost profits: Energizer Brands, LLC v Gillette Company, 2023 FC 804 at paras 249 [Energizer]. [70] While the findings in FCA 2017 and FCA 2020 finally determined the issue of liability for misrepresentation and Wen......
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Sa’d v. Yew
...tending to discredit the business, goods or services of a competitor. As explained recently in Energizer Brands, LLC v Gillette Company, 2023 FC 804 at para 169, the necessary elements of the statutory cause of action created by subsection 7(a) (in combination with subsection 53.2(1) of the......
10 firm's commentaries
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The Trademark Four(Mula): Enforcement And Risk Mitigation
...s. 22. 23. Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltée, 2006 SCC 23, at para. 46. 24. Energizer Brands, LLC v. Gillette Company, 2023 FC 804, at para. 89; Toys "R" Us (Canada) Ltd. v. Herbs "R" Us Wellness Society, 2020 FC 682, at para. 25. Veuve Clicquot Ponsardin v. Boutiques Cliqu......
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Federal Court Weighs In On Comparative Advertising Claims
...decision of the Federal Court of Canada in Energizer Brands, LLC v. Gillette Company, 2023 FC 804 has dealt with the use of comparative performance claim labels and stickers on product packaging. It considered whether the claims made depreciated trademark goodwill, and, as well, were decept......
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Charging Ahead: Canada's Federal Court Clarifies Trademark Rules For Comparative Advertising In Battery Giant Dispute
...recent decision Energizer Brands, LLC v Gillette Company, 2023 FC 804, Canada's Federal Court has provided helpful guidance around the use of competitor trademarks in comparative While this topic is frequently considered by brands and Canadian trademark practitioners, it is a subject that h......
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New Guidance From The Federal Court Regarding Comparative Advertising Claims In Canada
...comparative advertising claims in Canada was recently issued by the Federal Court of Canada in Energizer Brands, LLC v. Gillette Company, 2023 FC 804. The case dealt with whether the use of comparative performance claim labels and stickers on packaging depreciated trademark goodwill contrar......
Get Started for Free