Roots Corporation v. YM Inc. (Sales), 2019 FC 16

JurisdictionFederal Jurisdiction (Canada)
CourtFederal Court (Canada)
Date08 January 2019
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7 practice notes
  • Boulangerie Vachon Inc. v. Racioppo, 2021 FC 308
    • Canada
    • Federal Court (Canada)
    • April 9, 2021
    ...that intent “is of little relevance to the issue of confusion”: Mattel at para 90; Roots Corporation v YM Inc (Sales), 2019 FC 16 at paras 49–51. Second, the evidence regarding the defendants’ website was contested by the defendants, and came only in the form of ......
  • Beyond Restaurant Group LLC v. Wang, 2020 FC 514
    • Canada
    • Federal Court (Canada)
    • April 15, 2020
    ...must enable the owner of the mark to distinguish its goods or services from those of others: Roots Corporation v YM Inc (Sales), 2019 FC 16 [Roots] at para 56; 8073902 Canada Inc v Vardy, 2019 FC 743 [Vardy] at para 56; Boston Pizza International Inc v Boston Market Corp, 2003 FC 892 at par......
  • Yiwu Thousand Shores E-Commerce Co. Ltd. v. Lin,
    • Canada
    • Federal Court (Canada)
    • October 6, 2021
    ...the owner of the mark to distinguish its goods or services from those of others (Bedessee at para 36; Roots Corporation v YM Inc. (Sales), 2019 FC 16 at para 56). [30] ThousandShores argues that the OHUHU trademark cannot be distinctive of the Respondent as the source of the goods and servi......
  • Canadian Trademark Law Updates
    • Canada
    • Mondaq Canada
    • June 17, 2020
    ...the requested relief, and issued an order that Mr. Zhang's registration be struck from the Register. Roots Corporation v YM Inc (Sales), 2019 FC 16, in contrast, addressed expungement on the basis of allegations of non-statutory grounds justifying expungement. In this decision, Roots Corpor......
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4 cases
  • Boulangerie Vachon Inc. v. Racioppo, 2021 FC 308
    • Canada
    • Federal Court (Canada)
    • April 9, 2021
    ...that intent “is of little relevance to the issue of confusion”: Mattel at para 90; Roots Corporation v YM Inc (Sales), 2019 FC 16 at paras 49–51. Second, the evidence regarding the defendants’ website was contested by the defendants, and came only in the form of ......
  • Beyond Restaurant Group LLC v. Wang, 2020 FC 514
    • Canada
    • Federal Court (Canada)
    • April 15, 2020
    ...must enable the owner of the mark to distinguish its goods or services from those of others: Roots Corporation v YM Inc (Sales), 2019 FC 16 [Roots] at para 56; 8073902 Canada Inc v Vardy, 2019 FC 743 [Vardy] at para 56; Boston Pizza International Inc v Boston Market Corp, 2003 FC 892 at par......
  • Yiwu Thousand Shores E-Commerce Co. Ltd. v. Lin,
    • Canada
    • Federal Court (Canada)
    • October 6, 2021
    ...the owner of the mark to distinguish its goods or services from those of others (Bedessee at para 36; Roots Corporation v YM Inc. (Sales), 2019 FC 16 at para 56). [30] ThousandShores argues that the OHUHU trademark cannot be distinctive of the Respondent as the source of the goods and servi......
  • 8073902 Canada Inc. v. Vardy, 2019 FC 743
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • May 28, 2019
    ...association must enable the mark’s owner to distinguish its goods or services from those of others (Roots Corporation v YM Inc (Sales), 2019 FC 16 at para 56, [2019] FCJ No 12 (QL); Nature’s Path Foods Inc v Quaker Oats Co of Canada Ltd, 2001 FCT 366 at para 40, [2001] FCJ No 646 (QL) [Natu......
3 firm's commentaries
  • Canadian Trademark Law Updates
    • Canada
    • Mondaq Canada
    • June 17, 2020
    ...the requested relief, and issued an order that Mr. Zhang's registration be struck from the Register. Roots Corporation v YM Inc (Sales), 2019 FC 16, in contrast, addressed expungement on the basis of allegations of non-statutory grounds justifying expungement. In this decision, Roots Corpor......
  • Don't POKE A Trademark Unless You Have Sufficient Evidence To Invalidate It
    • Canada
    • Mondaq Canada
    • May 5, 2020
    ...must enable the owner of the mark to distinguish its goods or services from those of others (Roots Corporation v YM Inc (Sales), 2019 FC 16). BRGattempted to prove that Mr. Wang had not used the POKEWORKS mark and that the mark therefore lacked distinctiveness and should be invalidated. To ......
  • Trademarks: Material Misstatements In Declarations Of Use Revisited
    • Canada
    • Mondaq Canada
    • January 31, 2019
    ...and in good faith, the registered owner will have an opportunity to amend the registration. [5] Roots Corporation v YM Inc. (Sales), 2019 FC 16. [6] Ibid, Roots at paras 65- 67. [7] Ibid, Roots at para 74. The foregoing provides only an overview and does not constitute legal advice. Readers......

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