Hilton Worldwide Holding LLP v. Miller Thomson, 2018 FC 895
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Date | 07 September 2018 |
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22 practice notes
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Miller Thomson LLP v. Hilton Worldwide Holding LLP, 2020 FCA 134
...under that name in this country. [4] For the reasons that follow, I have concluded that the Federal Court did not err (in reasons cited as 2018 FC 895) in finding that Hilton had established use of the WALDORF ASTORIA mark in Canada. Consequently, I would dismiss the appeal. I. Statutory [5......
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Canadian Internet Law Update 2018*
...Trademarks Internet Use of Trademark Hilton Worldwide Holding LLP v. Miller Thomson, 2018 FC 895, involved an appeal from a decision of the Registrar of Trademarks expunging the registration of the "Waldorf-Astoria" trademark registered for use in association with "hotel services" because t......
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Fasken Martineau Dumoulin LLP v. Gentec, 2022 FC 327
...any band or other means of joining over the head. The Registrar notes that Fasken had cited Hilton Worldwide Holding LLP v Miller Thomson, 2018 FC 895 [Hilton FC] for the proposition that one has to ask what the shared understanding of the trademark owner and the consumer would be. The Regi......
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Year In Review ' Key Trademark Cases From 2020
...Without a Brick and Mortar Establishment Prior to the Federal Court's decision in Hilton Worldwide Holdings LLP v. Miller Thomson LLP, 2018 FC 895, and the Federal Court of Appeal's decision in Miller Thomson LLP v. Hilton Worldwide Holding LLP, 2020 FCA 134, the prevailing trend had been t......
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4 cases
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Miller Thomson LLP v. Hilton Worldwide Holding LLP, 2020 FCA 134
...under that name in this country. [4] For the reasons that follow, I have concluded that the Federal Court did not err (in reasons cited as 2018 FC 895) in finding that Hilton had established use of the WALDORF ASTORIA mark in Canada. Consequently, I would dismiss the appeal. I. Statutory [5......
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Fasken Martineau Dumoulin LLP v. Gentec, 2022 FC 327
...any band or other means of joining over the head. The Registrar notes that Fasken had cited Hilton Worldwide Holding LLP v Miller Thomson, 2018 FC 895 [Hilton FC] for the proposition that one has to ask what the shared understanding of the trademark owner and the consumer would be. The Regi......
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Miller Thomson LLP v. Hilton Worldwide Holding LLP, 2019 FCA 156
...for an order that would address this deficiency, will grant the order sought. [2] The appeal is from a judgment of the Federal Court (2018 FC 895, Pentney J.). In its judgment, the Federal Court allowed an appeal from the decision of the Registrar of Trade-marks expunging for non-use, under......
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Live! Holdings, LLC v. Oyen Wiggs Green & Mutala LLP, 2019 FC 1042
...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 Registrar of Trade-Marks, 2011 FC 273, 199 ACWS (3d) 937 [TSA Stores]). The issue is whether ......
18 firm's commentaries
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Canadian Internet Law Update 2018*
...Trademarks Internet Use of Trademark Hilton Worldwide Holding LLP v. Miller Thomson, 2018 FC 895, involved an appeal from a decision of the Registrar of Trademarks expunging the registration of the "Waldorf-Astoria" trademark registered for use in association with "hotel services" because t......
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Year In Review ' Key Trademark Cases From 2020
...Without a Brick and Mortar Establishment Prior to the Federal Court's decision in Hilton Worldwide Holdings LLP v. Miller Thomson LLP, 2018 FC 895, and the Federal Court of Appeal's decision in Miller Thomson LLP v. Hilton Worldwide Holding LLP, 2020 FCA 134, the prevailing trend had been t......
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Canadian Trademark Law Updates
...The Court distinguished the facts at issue in Live! from the court's earlier decision in Hilton Worldwide Holding LLP v Miller Thomson, 2018 FC 895 ("Hilton"), discussed in last year's Annual Review. The court in Live! found that Hilton turned, in part, on the fact that consumers who made r......
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Federal Court Of Appeal Confirms That Trademark Services Should Be Liberally Construed
...decision of the Federal Court of Appeal [2020 FCA 134] has confirmed a trial decision [2018 FC 895] which considered concept of use of a trademark in association with services when the method of distribution has changed. Under the Trademarks Act a trademark is deemed to be used in associati......
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