Sadhu Singh Hamdard Trust v. Navsun Holdings Ltd., 2018 FC 1039
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2018 FC 1039 |
| Date | 19 October 2018 |
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9 practice notes
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Blossman Gas, Inc. v. Alliance Autopropane Inc., 2022 FC 1794
...AUTOGAS Design trademark: Trademarks Act, s 7(b); Badawy v Igras, 2019 FCA 153 at para 9; Sadhu Singh Hamdard Trust v Navsun Holdings Ltd, 2018 FC 1039 at para 30, rev’d in part on other grounds, Hamdard Trust (2019). In the present case, as found above, AAP first started using the ALLIANCE......
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Sadhu Singh Hamdard Trust v. Navsun Holdings Ltd.,
...Co. of Canada Ltd et al, 1985 CanLII 157 (ON CA) [Orkin], [1985] O.J. No. 2536 , 1985 CarswellOnt 144 at paras 48-49, 75). (3) (c) 2018 FC 1039 [Hamdard FC [31] On the first redetermination of this matter, Justice Fothergill incorporated Justice McVeigh’s summary of the evidence......
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Rallysport Direct LLC v. 2424508 Ontario Ltd., 2020 FC 794
...such “[s]peculative and unproven damages must be deleted from the [damages] calculation”: Sadhu Singh Hamdard Trust v Navsun Holdings Ltd, 2018 FC 1039 at para 58. The Defendants argue therefore that lost licensing fees are the most appropriate factor to consider. They suggest, in the alter......
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Copyright Law: 2018 Year In Review
...Lee enjoining him from further infringing Paragon's copyright and trademark rights. Sandhu Singh Hamdard Trust v. Navsun Holdings Ltd., 2018 FC 1039 Though this matter primarily concerned passing off and trademark infringement, the plaintiff also claimed for copyright infringement. The Cour......
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5 cases
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Blossman Gas, Inc. v. Alliance Autopropane Inc., 2022 FC 1794
...AUTOGAS Design trademark: Trademarks Act, s 7(b); Badawy v Igras, 2019 FCA 153 at para 9; Sadhu Singh Hamdard Trust v Navsun Holdings Ltd, 2018 FC 1039 at para 30, rev’d in part on other grounds, Hamdard Trust (2019). In the present case, as found above, AAP first started using the ALLIANCE......
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Sadhu Singh Hamdard Trust v. Navsun Holdings Ltd.,
...Co. of Canada Ltd et al, 1985 CanLII 157 (ON CA) [Orkin], [1985] O.J. No. 2536 , 1985 CarswellOnt 144 at paras 48-49, 75). (3) (c) 2018 FC 1039 [Hamdard FC [31] On the first redetermination of this matter, Justice Fothergill incorporated Justice McVeigh’s summary of the evidence......
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Rallysport Direct LLC v. 2424508 Ontario Ltd., 2020 FC 794
...such “[s]peculative and unproven damages must be deleted from the [damages] calculation”: Sadhu Singh Hamdard Trust v Navsun Holdings Ltd, 2018 FC 1039 at para 58. The Defendants argue therefore that lost licensing fees are the most appropriate factor to consider. They suggest, in the alter......
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Sandhu Singh Hamdard Trust v. Navsun Holdings Ltd., 2019 FCA 295
...The Court remitted Hamdard Trust’s claims to the Federal Court and directed their redetermination. On the redetermination (2018 FC 1039, 160 C.P.R. (4th) 282 , Fothergill J.), which also took the form of a summary trial, the Federal Court concluded that Hamdard Trust had established......
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4 firm's commentaries
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Copyright Law: 2018 Year In Review
...Lee enjoining him from further infringing Paragon's copyright and trademark rights. Sandhu Singh Hamdard Trust v. Navsun Holdings Ltd., 2018 FC 1039 Though this matter primarily concerned passing off and trademark infringement, the plaintiff also claimed for copyright infringement. The Cour......
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Notable Trademark Decisions In 2018 And What They Said
...impression that its product or services were approved or endorsed by the plaintiff. In Sadhu Singh Hamdard Trust v. Navsun Holdings Ltd. 2018 FC 1039 the Federal Court 2018 applied the direction of the Federal Court of Appeal where the plaintiff relied on goodwill when it did not carry on b......
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IP Monitor - The Importance Of Being Diligent: Avoiding The Pitfalls Of Trademark Distinctiveness
...between the parties, where the Federal Court concluded the word AJIT was not sufficiently distinctive though a stylized AJIT logo was: 2018 FC 1039. Failing to police its mark Critically, the appellant was found not to have taken sufficient steps to protect its rights while the respondent u......
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Canadian Copyright Mid-Year Update Looking Back Through 2018 And Ahead In 2019
...adequate remedy in the face of such flagrant ongoing infringements. Limitation period Sadhu Singh Hamdard Trust v. Navsun Holdings Ltd. (2018 FC 1039) serves as a reminder of the applicability of limitations periods to copyright infringement claims. In this matter before the Federal court,......