Sadhu Singh Hamdard Trust v. Navsun Holdings Ltd., 2019 FCA 10
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2019 FCA 10 |
| Date | 17 January 2019 |
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8 practice notes
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Sadhu Singh Hamdard Trust v. Navsun Holdings Ltd.,
...TMOB 214 [Navsun TMOB 2015] at para 41. Hamdard Trust’s appeals to the Federal Court ( 2018 FC 42 ) and Federal Court of Appeal (2019 FCA 10) were dismissed, as was its application for leave to appeal to the Supreme Court of Canada. IV. Issues to be [41] Before framing the issues to......
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Loblaws Inc. v. Columbia Insurance Company, 2019 FC 961
...any variant. Pampered Chef notes that the Federal Court of Appeal recently confirmed in Sadhu Singh Hamdard Trust v Navsun Holdings Ltd, 2019 FCA 10 [Sadhu Singh] at paras 15-16, that it is incumbent upon a trader to protect the distinctiveness of its mark, even in the face of infringing us......
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1648074 Ontario Inc. v. Akbar Brothers (pvt) Ltd., 2019 FC 1305
...2006 FC 657, 293 FTR 234, 48 CPR (4th) 427 [Bojangles’], and endorsed recently in Sadhu Singh Hamdard Trust v Navsun Holdings Ltd., 2019 FCA 10. [18] There is no challenge of the analysis conducted by the Registrar of the confusion between the marks. Rather, the applicant/appel......
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2019 Will Go Down In History As 'The Year Of Change' In Canadian Trademark Law Part II
...way to preserve rights until actual use in Canada starts. But I was here first!:In Sadhu Singh Hamdard Trust v Navsun Holdings Ltd., 2019 FCA 10, the Federal Court of Appeal upheld the Opposition Board's refusal of the applicant's AJIT mark on non-distinctiveness grounds, despite it being t......
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4 cases
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Sadhu Singh Hamdard Trust v. Navsun Holdings Ltd.,
...TMOB 214 [Navsun TMOB 2015] at para 41. Hamdard Trust’s appeals to the Federal Court ( 2018 FC 42 ) and Federal Court of Appeal (2019 FCA 10) were dismissed, as was its application for leave to appeal to the Supreme Court of Canada. IV. Issues to be [41] Before framing the issues to......
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Loblaws Inc. v. Columbia Insurance Company, 2019 FC 961
...any variant. Pampered Chef notes that the Federal Court of Appeal recently confirmed in Sadhu Singh Hamdard Trust v Navsun Holdings Ltd, 2019 FCA 10 [Sadhu Singh] at paras 15-16, that it is incumbent upon a trader to protect the distinctiveness of its mark, even in the face of infringing us......
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1648074 Ontario Inc. v. Akbar Brothers (pvt) Ltd., 2019 FC 1305
...2006 FC 657, 293 FTR 234, 48 CPR (4th) 427 [Bojangles’], and endorsed recently in Sadhu Singh Hamdard Trust v Navsun Holdings Ltd., 2019 FCA 10. [18] There is no challenge of the analysis conducted by the Registrar of the confusion between the marks. Rather, the applicant/appel......
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8073902 Canada Inc. v. Vardy, 2019 FC 743
...of the Mark constituted an infringement, the Federal Court of Appeal recently stated in Sadhu Singh Hamdard Trust v Navsun Holdings Ltd, 2019 FCA 10 at para 15, 301 ACWS (3d) 7, that “infringing prior use may cause a mark to lose its distinctiveness, although the extent or degree to which d......
4 firm's commentaries
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2019 Will Go Down In History As 'The Year Of Change' In Canadian Trademark Law Part II
...way to preserve rights until actual use in Canada starts. But I was here first!:In Sadhu Singh Hamdard Trust v Navsun Holdings Ltd., 2019 FCA 10, the Federal Court of Appeal upheld the Opposition Board's refusal of the applicant's AJIT mark on non-distinctiveness grounds, despite it being t......
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Copyright Law: 2018 Year In Review
...business and ordered nominal damages of $5000. The trademark aspects of this decision were appealed and the appeal was dismissed (2019 FCA 10). Time-Limited and Encumbered Geophysical Service Inc v Canada, 2018 FC 670. The Federal Court dismissed a claim for compensation from the government......
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Distinctiveness Negated: A Tale Of Two Newspapers
...an application for leave to appeal from the Federal Court of Appeal ("FCA") judgment in Sadhu Singh Hamdard Trust v. Navsun Holdings Ltd., 2019 FCA 10 (CanLII), in which the FCA held that the distinctiveness of a trademark had been negated by third party use of the same mark. While it is we......
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IP Monitor - The Importance Of Being Diligent: Avoiding The Pitfalls Of Trademark Distinctiveness
...and becoming unregistrable, in the face of infringing use. The appellant in Sadhu Singh Hamdard Trust v Navsun Holdings Ltd., 2019 FCA 10, publishes a Punjabi newspaper under the name "AJIT" in India, which has been distributed in Canada since 1968. At its peak distribution between 1990 and......