Mishan (E.) & Sons Inc. et al. v. Supertek Canada Inc. et al., 2016 FC 986
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | Hughes, J. |
| Court | Federal Court (Canada) |
| Subject Matter | TORTS,PATENTS OF INVENTION,PRACTICE,EVIDENCE |
| Citation | 2016 FC 986 |
| Date | 30 August 2016 |
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9 practice notes
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Valley Blades Ltd v. Usinage Pro-24 Inc, 2023 FC 1749
...MacDonald et al v Vapor Canada Limited et al, [1977] 2 SCR 134, 66 DLR (3d) 1 at page 147; E Mishan & Sons, Inc v Supertek Canada Inc, 2016 FC 986 [Supertek]; Excalibre Oil Tools Ltd v Advantage Products Inc, 2016 FC 1279 [Excalibre]; Yiwu Thousand Shores E-Commerce Co Ltd v Lin, 2021 F......
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Apotex Inc. v. Eli Lilly Canada Inc.,
...desist letters that are informative and letters that are threatening. In Supertek, above [E Mishan & Sons, Inc v Supertek Canada Inc, 2016 FC 986], Mr. Justice Roger Hughes contrasted the situation in S&S [S & S Industries Inc v Rowell, [1966] SCR 419], where the false and misle......
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Energizer Brands, LLC and Energizer Canada inc. v. Gillette Campany et al., 2023 FC 804
...linked to the alleged wrongful activity, i.e. the false or misleading statements (See E. Mishan & Sons, Inc. v Supertek Canada Inc., 2016 FC 986 at paras 7, [170] Further, the third prong requires some proof of damage, in contrast to the TMA s 7(b) or common law passing off which involv......
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Excalibre Oil Tools Ltd v. Advantage Products Inc., 2016 FC 1279
...be invalid, will be held to constitute a false and misleading statement per section 7(a) (E Mishan & Sons, Inc v Supertek Canada Inc, 2016 FC 986 [Supertek] at para 11). [282] It is important to distinguish between cease and desist letters that are informative and letters that are threa......
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4 cases
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Apotex Inc. v. Eli Lilly Canada Inc.,
...desist letters that are informative and letters that are threatening. In Supertek, above [E Mishan & Sons, Inc v Supertek Canada Inc, 2016 FC 986], Mr. Justice Roger Hughes contrasted the situation in S&S [S & S Industries Inc v Rowell, [1966] SCR 419], where the false and misle......
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Energizer Brands, LLC and Energizer Canada inc. v. Gillette Campany et al., 2023 FC 804
...linked to the alleged wrongful activity, i.e. the false or misleading statements (See E. Mishan & Sons, Inc. v Supertek Canada Inc., 2016 FC 986 at paras 7, [170] Further, the third prong requires some proof of damage, in contrast to the TMA s 7(b) or common law passing off which involv......
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Excalibre Oil Tools Ltd v. Advantage Products Inc., 2016 FC 1279
...be invalid, will be held to constitute a false and misleading statement per section 7(a) (E Mishan & Sons, Inc v Supertek Canada Inc, 2016 FC 986 [Supertek] at para 11). [282] It is important to distinguish between cease and desist letters that are informative and letters that are threa......
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Immigration Consultants of Canada Regulatory Council v. College of Immigration and Citizenship Consultants Corp., 2021 FC 1434
...a causal connection between the false and misleading statement and the asserted damage: E. Mishan & Sons, Inc v Supertek Canada Inc, 2016 FC 986 at paras 28 and 29. [37] Section 9(1)(d) provides that “no person shall adopt in connection with a business, as a trademark or otherwis......
3 firm's commentaries
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Claim Under Section 7(a) Failed Where False And Misleading Statements Made Out But No Causal Link To Alleged Damages (Intellectual Property Weekly Abstracts Bulletin Week Of September 5)
...false and misleading statements made out but no causal link to allegeddamages E. Mishan & Sons, Inc. v. Supertek Canada Inc., 2016 FC 986 This decision relates to the second part of the bifurcated proceeding, namely whether the plaintiffs engaged in conduct contrary to the provisions of......
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The Ideal Cease And Desist Letter Informative And Only Covertly Threatening?
...the 7(a) violation was deferred to a separate reference, which appears to have settled. 4 E Mishan & Sons, Inc v Supertek Canada Inc, 2016 FC 986 5 E Mishan & Sons, Inc v Supertek Canada Inc, 2016 FC 986 (Hughes) 6 See for example, Professor Siebrasse's concern that one should not h......
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Supertek's Trademark Counterclaim Against Mishnan Hosed
...E Mishan & Sons v Supertek Canada, 2016 FC 986, Justice Hughes of the Federal Court dismissed Supertek's claim for damages stemming from statements made by Mishan. Both Mishan and Supertek sell expandable garden hoses in Canada. Mishan is a licensee of a Canadian patent and industrial d......