Michaels et al. v. Michaels Stores Procurement Co. et al., [2016] N.R. Uned. 44 (FCA)
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | Noël, C.J., Stratas and Rennie, JJ.A. |
| Court | Court of Appeal (Canada) |
| Subject Matter | PRACTICE,COURTS |
| Citation | [2016] N.R. Uned. 44 (FCA),[2016] N.R. Uned. 44,2016 FCA 88 |
| Date | 15 March 2016 |
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9 practice notes
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McDowell v. A Drip of Honey, 2024 FC 453
...the infringing mark: UBS Group AG v Yones, 2022 FC 132 [UBS Group] at para 51, citing Michaels v Michaels Stores Procurement Company, Inc, 2016 FCA 88 at para 8. C. [81] The Plaintiff further seekH-Ds damages for $150,000, subject to post-judgment interest at the rate set out in section 37(......
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UBS Group AG v. Yones, 2022 FC 132
...up order will require transfer of ownership of the <ubsgroup.ca> domain name: Michaels v Michaels Stores Procurement Company, Inc, 2016 FCA 88 at para 8. As the current ownership of the name as between the defendants is unclear given the privacy restrictions in the WHOIS database and ......
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Canadian Internet Law Update 2016
...in practice. A. INTELLECTUAL PROPERTY - TRADE-MARKS Court-ordered Domain Name Transfer Michaels v. Michaels Stores Procurement Co., Inc., 2016 FCA 88, involved a dispute over the use of the www.michaels.ca domain name that allegedly infringed Michaels Stores' trademarks and caused consumer ......
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Bean Box, Inc. v. Roasted Bean Box Inc., 2022 FC 499
...is comprised of, or is confusing with the Applicant’s BEAN BOX Trademarks (Michaels v. Michaels Stores Procurement Company, Inc., 2016 FCA 88 at paragraphs 8 to 9); Damages in the amount of $15,000; and Costs in the amount of $10,000, given the knowing and continued infringement of t......
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3 cases
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UBS Group AG v. Yones, 2022 FC 132
...up order will require transfer of ownership of the <ubsgroup.ca> domain name: Michaels v Michaels Stores Procurement Company, Inc, 2016 FCA 88 at para 8. As the current ownership of the name as between the defendants is unclear given the privacy restrictions in the WHOIS database and ......
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Bean Box, Inc. v. Roasted Bean Box Inc., 2022 FC 499
...is comprised of, or is confusing with the Applicant’s BEAN BOX Trademarks (Michaels v. Michaels Stores Procurement Company, Inc., 2016 FCA 88 at paragraphs 8 to 9); Damages in the amount of $15,000; and Costs in the amount of $10,000, given the knowing and continued infringement of t......
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Royal Pacific Real Estate Group Ltd. v. Dong, 2018 BCSC 1272
...any equipment used to produce the goods, packaging, labels or advertising material. [137] In Michaels v Michaels Stores Procurement, Inc., 2016 FCA 88, the court held that s. 53.2(1) gives the court the power to order the transfer of a domain name when a breach of the Act has been 8 Further......
5 firm's commentaries
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Canadian Internet Law Update 2016
...in practice. A. INTELLECTUAL PROPERTY - TRADE-MARKS Court-ordered Domain Name Transfer Michaels v. Michaels Stores Procurement Co., Inc., 2016 FCA 88, involved a dispute over the use of the www.michaels.ca domain name that allegedly infringed Michaels Stores' trademarks and caused consumer ......
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Court Of Appeal Confirms Domain Name As 'Instrument Of Confusion'
...can in fact constitute the mechanism by which a trademark is infringed in Canada: Michaels v. Michaels Stores Procurement Company, Inc., 2016 FCA 88. In fairly brief reasons given from the bench upholding a default judgment, the Court confirmed the appellant, who had been the defendant in t......
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Summary Judgment For Trademark Infringement, Passing Off And Other Allegations Is Upheld On Appeal (Intellectual Property Weekly Abstracts Bulletin Week Of March 21, 2016)
...for trademark infringement, passing off and other allegations is upheld on appeal Michaels v. Michaels Stores Procurement Company, Inc., 2016 FCA 88 The Federal Court of Appeal has upheld a default judgment against the appellants, where findings of trademark infringement, passing off, depre......
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Canada's Federal Court Of Appeal Confirms The Court's Jurisdiction To Order Transfer Of Domain Names
...rights, the Court does not have jurisdiction to order transfer of domain names. In David Michaels and Michaels Inc. v. Michaels Stores 2016 FCA 88, David Michaels appealed a default judgment ordering that the domain name michaels.ca be transferred to Michaels Stores. The Federal Court found......
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