Riches, McKenzie & Herbert LLP v. Cosmetic Warriors Limited, 2018 FC 63
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2018 FC 63 |
| Date | 23 January 2018 |
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11 practice notes
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Cosmetic Warriors Limited v. Riches, McKenzie & Herbert LLP, 2019 FCA 48
...REASONS FOR JUDGMENT LASKIN J.A. I. Overview [1] Cosmetic Warriors Limited appeals from a judgment of the Federal Court (Manson J., 2018 FC 63), allowing an appeal from a decision of the Registrar of Trade-marks (2017 TMOB 36), made through her delegate, a hearing officer of the Trade-marks......
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International Name Plate Supplies Limited v. Marks & Clerk Canada,
...with respect to exported goods. [38] More recently, Justice Manson in Riches, McKenzie & Herbert LLP v Cosmetic Warriors Limited, 2018 FC 63, specifically considered the above statement from Coca Cola as well as the interplay between 4(1) and 4(3) of the Act and concludes as follows: [2......
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Cosmetic Warriors Limited c. Riches, McKenzie & Herbert LLP,
...in Jeremy Phillips and Ilana Simon, eds., Trade Mark Use, Oxford: Oxford University Press, 2005.APPEAL from a Federal Court decision (2018 FC 63, 156 C.P.R. (4th) 425 ) allowing an appeal from a deci-&#......
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Cosmetic Warriors Lose Trademark Battle No Use In 'The Normal Course Of Trade'
...in association with goods must be used in "the normal course of trade". Riches, McKenzie & Herbert LLP v. Cosmetic Warriors Limited, 2018 FC 63, considered whether Cosmetic Warriors' registered trademark, LUSH, was used in association with t-shirts in the normal course of trade. Cosmeti......
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3 cases
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Cosmetic Warriors Limited v. Riches, McKenzie & Herbert LLP, 2019 FCA 48
...REASONS FOR JUDGMENT LASKIN J.A. I. Overview [1] Cosmetic Warriors Limited appeals from a judgment of the Federal Court (Manson J., 2018 FC 63), allowing an appeal from a decision of the Registrar of Trade-marks (2017 TMOB 36), made through her delegate, a hearing officer of the Trade-marks......
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International Name Plate Supplies Limited v. Marks & Clerk Canada,
...with respect to exported goods. [38] More recently, Justice Manson in Riches, McKenzie & Herbert LLP v Cosmetic Warriors Limited, 2018 FC 63, specifically considered the above statement from Coca Cola as well as the interplay between 4(1) and 4(3) of the Act and concludes as follows: [2......
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Cosmetic Warriors Limited c. Riches, McKenzie & Herbert LLP,
...in Jeremy Phillips and Ilana Simon, eds., Trade Mark Use, Oxford: Oxford University Press, 2005.APPEAL from a Federal Court decision (2018 FC 63, 156 C.P.R. (4th) 425 ) allowing an appeal from a deci-&#......
8 firm's commentaries
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Cosmetic Warriors Lose Trademark Battle No Use In 'The Normal Course Of Trade'
...in association with goods must be used in "the normal course of trade". Riches, McKenzie & Herbert LLP v. Cosmetic Warriors Limited, 2018 FC 63, considered whether Cosmetic Warriors' registered trademark, LUSH, was used in association with t-shirts in the normal course of trade. Cosmeti......
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Promotional Use Is Not Use Of A Trademark
...a recent decision of the Federal Court in Riches, McKenzie & Herbert LLP v. Cosmetic Warriors Limited (2018 FC 63) available here, Justice Manson allowed the appeal of the decision of the Registrar of Trademarks, thus overturning the finding that the Respondent had demonstrated use of t......
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What's The Use? Federal Court Revisits The Requirements For Use Of A Trademark In Association With Goods
...parties will have to reconsider their trademark strategies for protecting their trademarks when applied to promotional goods. Footnotes 1 2018 FC 63. 2 R.S.C., 1985, c. 3 2017 TMOB 36 at para 25. 4 Of note, in 2009 the service "promotional services" was retired from the Goods and Services M......
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Views About Drake's 6IX Trademark Dispute
...(See Bremont Watch Co. v. Bremont Homes Corp. 2016 TMOB 100; and Riches, McKenzie & Herbert LLP v. Cosmetic Warriors Limited 2018 FC 63). Notably, in this context (but likely too late to help Di Cosmo), the Act will be amended on June 17, 2019, to remove the requirement to "use" a mark ......
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