Hilton Worldwide Holding LLP v. Miller Thomson
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2018 FC 895 |
| Date | 07 September 2018 |
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24 practice notes
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Miller Thomson LLP v. Hilton Worldwide Holding LLP
...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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The Little Brown Box Pizza, LLC v. DJB
...v Registrar of Trade-Marks, 2011 FC 273 [TSA Stores]. Relying on this Court’s decision in Hilton Worldwide Holding LLP v Miller Thomson, 2018 FC 895 at paragraph 72, the Owner submits that the question of whether franchising services are ancillary to restaurant services must be considered f......
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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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2K4 Inc. O/A Indican Pictures v. Indiecan Entertainment Inc.
...delivered to people physically present in Canada (Hilton (FCA) at paras 85, 107-117; Hilton Worldwide Holding LLP v Miller Thomson, 2018 FC 895 at para 51 [Hilton (FC)]). I also take note that the Act makes no distinction between primary and corollary services. As long as some consumers, pu......
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6 cases
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Miller Thomson LLP v. Hilton Worldwide Holding LLP,
...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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The Little Brown Box Pizza, LLC v. DJB,
...v Registrar of Trade-Marks, 2011 FC 273 [TSA Stores]. Relying on this Court’s decision in Hilton Worldwide Holding LLP v Miller Thomson, 2018 FC 895 at paragraph 72, the Owner submits that the question of whether franchising services are ancillary to restaurant services must be considered f......
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2K4 Inc. O/A Indican Pictures v. Indiecan Entertainment Inc.,
...delivered to people physically present in Canada (Hilton (FCA) at paras 85, 107-117; Hilton Worldwide Holding LLP v Miller Thomson, 2018 FC 895 at para 51 [Hilton (FC)]). I also take note that the Act makes no distinction between primary and corollary services. As long as some consumers, pu......
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Fasken Martineau Dumoulin LLP v. Gentec,
...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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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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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 the concept of use of a trademark in association with services when the method of distribution has Under the Trademarks Act a trademark is deemed to be used in association wi......
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Online Services Can Constitute Use Of Trademark Of "Hotel Services" In Canada
...of Appeal in Miller Thomson v. Hilton Worldwide Holding LLP, 2020 FCA 134 ("2020 Hilton"), which affirms the Federal Court's decision, 2018 FC 895 ("2018 The case involves the well-known luxury hotel trademark WALDORF-ASTORIA. Hilton owns the Canadian trademark registration for WALDORF-ASTO......
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