Supershuttle International Inc. v. Fetherstonhaugh & Co., 2015 FC 1259
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | Heneghan, J. |
| Court | Federal Court (Canada) |
| Subject Matter | ADMINISTRATIVE LAW,STATUTES |
| Citation | 2015 FC 1259 |
| Date | 06 November 2015 |
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13 practice notes
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Miller Thomson LLP v. Hilton Worldwide Holding LLP, 2020 FCA 134
...91 C.P.R. (4th) 324 at para. 16, citing Kraft Ltd., above at paras. 8–9; Supershuttle International, Inc. v. Fetherstonhaugh & Co., 2015 FC 1259, [2015] F.C.J. No. 1544 at para. 39. Indeed, Miller Thomson acknowledged at the hearing that determining whether there has been use of a mark ......
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Sea Change: The Internet And Use In Canada Part 1
...See Heenan Blaikie LLP v Sports Authority Michigan Inc, 2011 FC 273, and Supershuttle International, Inc. v. Fetherstonhaugh & Co., 2015 FC 1259. 2 2007 CanLII 80867 (CA TMOB), cited with approval by the Federal Court in Jack Black L.L.C. v. Canada (Attorney General), 2014 FC 3 Ibid. 4 ......
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Proving Use In Canadian Trademark Cancellation Proceedings: Registrant Discovers That 'Ancillary Services Principle' Has Its Limits, As Registered Services Held Not To Have Been Performed In Canada
...recent decision of the Federal Court in SuperShuttle International, Inc v Fetherstonhaugh & Co, 2015 FC 1259, is a helpful reminder to registered rights holders of the dangers of not using their trademarks in association with the specific goods or services covered by their registrations......
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AT&T Intellectual Property II, L.P v. Lecours, Hebert Avocats Inc, 2017 FC 734
...usually meet the evidentiary requirement of use during the relevant period (Supershuttle International Inc v Fetherstonhaugh & Co, 2015 FC 1259 at para [13] The evidence must show a degree of current or contemporaneous use with the Registrar’s notice. Use which takes place subsequent to......
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4 cases
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Miller Thomson LLP v. Hilton Worldwide Holding LLP, 2020 FCA 134
...91 C.P.R. (4th) 324 at para. 16, citing Kraft Ltd., above at paras. 8–9; Supershuttle International, Inc. v. Fetherstonhaugh & Co., 2015 FC 1259, [2015] F.C.J. No. 1544 at para. 39. Indeed, Miller Thomson acknowledged at the hearing that determining whether there has been use of a mark ......
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AT&T Intellectual Property II, L.P v. Lecours, Hebert Avocats Inc, 2017 FC 734
...usually meet the evidentiary requirement of use during the relevant period (Supershuttle International Inc v Fetherstonhaugh & Co, 2015 FC 1259 at para [13] The evidence must show a degree of current or contemporaneous use with the Registrar’s notice. Use which takes place subsequent to......
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Cathay Pacific Airways Limited v. Air Miles International Trading B.V., 2016 FC 1125
...for airline rewards. [57] In support of its position, Air Miles relies on SuperShuttle International, Inc. v Fetherstonhaugh & Co., 2015 FC 1259 [SuperShuttle]. That case involved the use of a trade-mark in advertising airport ground transportation services in Canada and in connection w......
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Live! Holdings, LLC v. Oyen Wiggs Green & Mutala LLP, 2019 FC 1042
...on Porter v Don the Beachcomber, [1966] Ex CR 982 (QL) at para 17, 48 CPR 280; Supershuttle International, Inc v Fetherstonhaugh & Co, 2015 FC 1259, 263 ACWS (3d) 459 [Supershuttle]). [42] Pickering submits that there is no evidence that Live offers “advertising and marketi......
9 firm's commentaries
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Sea Change: The Internet And Use In Canada Part 1
...See Heenan Blaikie LLP v Sports Authority Michigan Inc, 2011 FC 273, and Supershuttle International, Inc. v. Fetherstonhaugh & Co., 2015 FC 1259. 2 2007 CanLII 80867 (CA TMOB), cited with approval by the Federal Court in Jack Black L.L.C. v. Canada (Attorney General), 2014 FC 3 Ibid. 4 ......
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Proving Use In Canadian Trademark Cancellation Proceedings: Registrant Discovers That 'Ancillary Services Principle' Has Its Limits, As Registered Services Held Not To Have Been Performed In Canada
...recent decision of the Federal Court in SuperShuttle International, Inc v Fetherstonhaugh & Co, 2015 FC 1259, is a helpful reminder to registered rights holders of the dangers of not using their trademarks in association with the specific goods or services covered by their registrations......
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Trademark Series: What is “use” of a trademark?
...for Trade-Marks Act purposes, use and advertising in Canada.” Not so fast. In Supershuttle International, Inc. v. Fetherstonhaugh & Co., 2015 FC 1259 (CanLII), the court reviewed a challenge to the SUPERSHUTTLE trademark, which was registered in connection with “airport passenger ground tra......
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Trademarks Owners Be Warned Certain Services May Require Bricks-And-Mortar Location In Canada
...[at paragraph 17] Similar to "hotel services", the Federal Court in Supershuttle International, Inc. v. Fetherstonhaugh & Co., 2015 FC 1259, upheld a decision of the Opposition Board to expunge a trademark registration covering "airport passenger ground transportation services", where t......
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