Scott Tech. Inc. v. 783825 Alta., 2015 FC 1336
| Judge | Zinn, J. |
| Court | Federal Court (Canada) |
| Case Date | December 03, 2015 |
| Jurisdiction | Canada (Federal) |
| Citations | 2015 FC 1336 |
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7 practice notes
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Energizer Brands, LLC and Energizer Canada inc. v. Gillette Campany et al., 2023 FC 804
...there can be no likely depreciation of goodwill: Scott Technologies Inc. v 783825 Alberta Ltd. (Scott Safety Supply Services), 2015 FC 1336 [Scott Technologies] at para 82. In my view, this finding in the latter case must be viewed in [128] While the parties in Scott Technologies had overla......
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Corey Bessner Consulting Inc. v. Core Consultants Realty Inc., 2020 FC 224
...(Ciba-Geigy Canada Ltd v Apotex Inc., [1992] 3 SCR 120; Scott Technologies Inc. v 783825 Alberta Ltd. (Scott Safety Supply Services), 2015 FC 1336 at para 53). [97] I find that the Plaintiff has established passing off by the Defendants contrary to subsection 7(b) of the Trademarks Act. Fir......
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Caesarstone Sdot-Yam Ltd. v. Ceramiche Caesar S.p.A., 2016 FC 895
...for consideration in assessing the likelihood of confusion ( Mattel , at paras 55, 89; Scott Technologies Inc v 783825 Alberta Ltd , 2015 FC 1336 at para 69 [ Scott Technologies ]), the TMOB is not bound to draw an adverse inference from its absence. The extent to which an inference may be ......
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Top Trademark Cases From The Canadian Courts In 2015
...costs). Confusion: Co-existence, Extent of Use and Drawing an Adverse Inference Scott Technologies Inc. v. 783825 Alberta Ltd. (2015 FC 1336) The Federal Court, referring to the Supreme Court of Canada's decision in Mattel, Inc. v. 3894207 Canada Inc., 2006 SCC 22, recognized that in cases ......
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4 cases
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Energizer Brands, LLC and Energizer Canada inc. v. Gillette Campany et al., 2023 FC 804
...there can be no likely depreciation of goodwill: Scott Technologies Inc. v 783825 Alberta Ltd. (Scott Safety Supply Services), 2015 FC 1336 [Scott Technologies] at para 82. In my view, this finding in the latter case must be viewed in [128] While the parties in Scott Technologies had overla......
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Corey Bessner Consulting Inc. v. Core Consultants Realty Inc., 2020 FC 224
...(Ciba-Geigy Canada Ltd v Apotex Inc., [1992] 3 SCR 120; Scott Technologies Inc. v 783825 Alberta Ltd. (Scott Safety Supply Services), 2015 FC 1336 at para 53). [97] I find that the Plaintiff has established passing off by the Defendants contrary to subsection 7(b) of the Trademarks Act. Fir......
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Caesarstone Sdot-Yam Ltd. v. Ceramiche Caesar S.p.A., 2016 FC 895
...for consideration in assessing the likelihood of confusion ( Mattel , at paras 55, 89; Scott Technologies Inc v 783825 Alberta Ltd , 2015 FC 1336 at para 69 [ Scott Technologies ]), the TMOB is not bound to draw an adverse inference from its absence. The extent to which an inference may be ......
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Cathay Pacific Airways Limited v. Air Miles International Trading B.V., 2016 FC 1125
...which strongly favours it. Cathay Pacific relies on the recent decision in Scott Technologies, Inc. v Scott Safety Supply Services Inc., 2015 FC 1336 [Scott Technologies], in which Justice Zinn dismissed a claim for trade-mark infringement and passing off. The Court’s decision was based in ......
3 firm's commentaries
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Top Trademark Cases From The Canadian Courts In 2015
...costs). Confusion: Co-existence, Extent of Use and Drawing an Adverse Inference Scott Technologies Inc. v. 783825 Alberta Ltd. (2015 FC 1336) The Federal Court, referring to the Supreme Court of Canada's decision in Mattel, Inc. v. 3894207 Canada Inc., 2006 SCC 22, recognized that in cases ......
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With Longstanding And Extensive Use, Is Evidence Of Actual Confusion Needed To Prove A 'Likelihood' Of Confusion?
...for passing off, trademark infringement, and depreciation of goodwill, the Federal Court in Scott Technologies Inc. v. 783825 Alberta Ltd. 2015 FC 1336, addresses a number of issues relating to evidence (or lack thereof) on actual confusion, depreciation of goodwill, and co-existence betwee......
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Class Action Certification Against Pfizer For An Allegation Of Unlawful Abuse Of The Patent System Is Overturned (Intellectual Property Weekly Abstracts Bulletin Week Of December 14)
...for SCOTT dismissed due to lack of evidence of confusion and no loss of goodwill Scott Technologies Inc. v. 783825 Alberta Ltd., et al, 2015 FC 1336 The Federal Court has dismissed the Plaintiff's claims for infringement and passing off pursuant to sections 7(b), 7(c), 19, 20 and 22 of the ......