Sim & McBurney v. Gordon, 2020 FC 710
| Court | Federal Court (Canada) |
| Case Date | June 18, 2020 |
| Jurisdiction | Canada (Federal) |
| Citations | 2020 FC 710 |
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4 practice notes
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Brandstorm, Inc. v. Naturally Splendid Enterprises Ltd., 2021 FC 73
...is not determinative where there is evidence from which the Court may infer a normal course of trade (see Sim & McBurney v Gordon, 2020 FC 710 at para 23). BrandStorm’s evidence in the Bernole affidavit includes: Paragraph 11: Annual sales revenues from sales of BrandStorm’......
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International Name Plate Supplies Limited v. Marks & Clerk Canada,
...this appeal, INPS did not file additional evidence. In such circumstances, as noted by Justice Fothergill in Sim & McBurney v Gordon, 2020 FC 710 [Gordon] at para 22: …A party’s failure to file further evidence on appeal to address factual deficiencies identified by the Re......
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Notable Trademark Decisions In 2020
...inference against the registered owner for not introducing evidence concerning the bald allegation. In Sim &McBurney v. Gayle Gordon 2020 FC 710, 173 C.P.R. (4th) 338 the court reminds us of the technical requirements to show that a mark has been used in association with goods. The requirem......
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Finastra International Limited v. Fenestrae B.V., 2024 FC 93
...to demonstrate that a sale was made in the normal course of trade is low, and may be inferred by the Officer (Sim & McBurney v Gordon, 2020 FC 710 at para [43] The expression “normal course of trade” was described by Justice Marc Nadon in JC Penney at paragraph 92: Consequ......
2 cases
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Brandstorm, Inc. v. Naturally Splendid Enterprises Ltd., 2021 FC 73
...is not determinative where there is evidence from which the Court may infer a normal course of trade (see Sim & McBurney v Gordon, 2020 FC 710 at para 23). BrandStorm’s evidence in the Bernole affidavit includes: Paragraph 11: Annual sales revenues from sales of BrandStorm’......
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International Name Plate Supplies Limited v. Marks & Clerk Canada,
...this appeal, INPS did not file additional evidence. In such circumstances, as noted by Justice Fothergill in Sim & McBurney v Gordon, 2020 FC 710 [Gordon] at para 22: …A party’s failure to file further evidence on appeal to address factual deficiencies identified by the Re......
1 firm's commentaries
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Notable Trademark Decisions In 2020
...inference against the registered owner for not introducing evidence concerning the bald allegation. In Sim &McBurney v. Gayle Gordon 2020 FC 710, 173 C.P.R. (4th) 338 the court reminds us of the technical requirements to show that a mark has been used in association with goods. The requirem......