Sim & McBurney v. En Vogue Sculptured Nail Systems Inc., 2021 FC 172
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Date | 22 February 2021 |
| Citation | 2021 FC 172 |
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5 practice notes
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Fasken Martineau Dumoulin LLP v. Gentec, 2022 FC 327
...overriding errors in drawing the inferences that were drawn from the evidence” (Sim & McBurney v en Vogue Sculptured Nail Systems Inc, 2021 FC 172 at para 16). B. Did the Registrar err in his interpretation of the decision of the Federal Court of Appeal Hilton FCA on the interpretation ......
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IPack B.V. v. McInnes Cooper, 2023 FC 243
...45 proceedings is not stringent, and evidentiary overkill is not required: Sim & McBurney v en Vogue Sculptured Nail Systems Inc, 2021 FC 172 at para 14 [en Vogue]. An affidavit or statutory declaration will suffice if it provides a factual description of the use of the impugned tradema......
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Vass v. Leef Inc., 2022 FC 1192
...dollar value of sales. Evidence of a single sale can meet the threshold (citing Sim & McBurney v en Vogue Sculptured Nail Systems Inc, 2021 FC 172 [en Vogue] at para 14). [38] The exhibits to the Allen-Milne Affidavit and the Brennan Affidavits establish that at least one sale of the go......
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Ecolab USA Inc. v. Smart & Biggar, 2023 FC 101
...onus to demonstrate use is not a heavy burden. As Justice Janet Fuhrer held in Sim & McBurney v en Vogue Sculptured Nail Systems Inc, 2021 FC 172 (at paras 14-15): Evidentiary overkill is not required (meaning not all examples of use must be evidenced). The use threshold is not stringen......
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6 cases
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Fasken Martineau Dumoulin LLP v. Gentec, 2022 FC 327
...overriding errors in drawing the inferences that were drawn from the evidence” (Sim & McBurney v en Vogue Sculptured Nail Systems Inc, 2021 FC 172 at para 16). B. Did the Registrar err in his interpretation of the decision of the Federal Court of Appeal Hilton FCA on the interpretation ......
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IPack B.V. v. McInnes Cooper, 2023 FC 243
...45 proceedings is not stringent, and evidentiary overkill is not required: Sim & McBurney v en Vogue Sculptured Nail Systems Inc, 2021 FC 172 at para 14 [en Vogue]. An affidavit or statutory declaration will suffice if it provides a factual description of the use of the impugned tradema......
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Vermillion Networks Inc. v. Essilor Group Canada Inc., 2024 FC 382
...The onus to demonstrate use is not a heavy burden. As Justice Fuhrer noted in Sim & McBurney v en Vogue Sculptured Nail Systems Inc, 2021 FC 172 at paragraphs 14-15: Evidentiary overkill is not required (meaning not all examples of use must be evidenced). The use threshold is not string......
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Vass v. Leef Inc., 2022 FC 1192
...dollar value of sales. Evidence of a single sale can meet the threshold (citing Sim & McBurney v en Vogue Sculptured Nail Systems Inc, 2021 FC 172 [en Vogue] at para 14). [38] The exhibits to the Allen-Milne Affidavit and the Brennan Affidavits establish that at least one sale of the go......
Request a trial to view additional results