H-D U.S.A., LLC v. Varzari,
| Jurisdiction | Federal Jurisdiction (Canada) |
| Neutral Citation | 2021 FC 620 |
| Citation | 2021 FC 620 |
| Court | Federal Court (Canada) |
| Date | 17 June 2021 |
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2 practice notes
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Energizer Brands, LLC and Energizer Canada inc. v. Gillette Campany et al., 2023 FC 804
...or “dilution,” resulting in lesser distinctiveness: Veuve Clicquot, above at paras 63-64; H-D U.S.A., LLC v Varzari, 2021 FC 620 [Varzari] at para [92] Put another way (paraphrasing Justice Thurlow to align more closely with Veuve Clicquot), section 22 prohibits a competitor&#......
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Exhaustion Doesn't Apply: Repurposing Of Original Branded Parts Leads To Findings Of Infringement, Passing Off And Depreciation Of Goodwill
...17, 2021, in H-D U.S.A., LLC v. Varzari, 2021 FC 620, Justice McHaffie of the Federal Court held that the manufacturing and sale of an electric bicycle assembly incorporating original parts of a Harley-Davidson motorcycle did not amount to lawful resale of trademarked goods, and consequentl......
2 cases
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Energizer Brands, LLC and Energizer Canada inc. v. Gillette Campany et al., 2023 FC 804
...or “dilution,” resulting in lesser distinctiveness: Veuve Clicquot, above at paras 63-64; H-D U.S.A., LLC v Varzari, 2021 FC 620 [Varzari] at para [92] Put another way (paraphrasing Justice Thurlow to align more closely with Veuve Clicquot), section 22 prohibits a competitor&#......
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McDowell v. A Drip of Honey, 2024 FC 453
...a claim in passing off: Sani Bleu Inc v 9269-6806 Québec Inc, 2022 FC 1711 at para 37, citing H‑D U.S.A., LLC v Varzari, 2021 FC 620 [H-D U.S.A.] at para 42. [64] As the Plaintiff has no control over the quality of goods sold by the Defendant, the Defendant’s offering of ......
1 firm's commentaries
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Exhaustion Doesn't Apply: Repurposing Of Original Branded Parts Leads To Findings Of Infringement, Passing Off And Depreciation Of Goodwill
...17, 2021, in H-D U.S.A., LLC v. Varzari, 2021 FC 620, Justice McHaffie of the Federal Court held that the manufacturing and sale of an electric bicycle assembly incorporating original parts of a Harley-Davidson motorcycle did not amount to lawful resale of trademarked goods, and consequentl......