TFI Foods Ltd. v. Every Green International Inc., 2021 FC 241

JurisdictionFederal Jurisdiction (Canada)
CourtFederal Court (Canada)
Citation2021 FC 241
Date19 March 2021
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15 practice notes
  • Travel Leaders Group, LLC v. 2042923 Ontario Inc. (Travel Leaders), 2023 FC 319
    • Canada
    • Federal Court (Canada)
    • 8 Marzo 2023
    ...public attention to its own services (Hamdard Trust (2019) at para 39 (see also, TFI Foods Ltd. v Every Green International Inc., 2021 FC 241 at para 38 (TFI Foods)). This fourth requirement is not present at common law. [205] The relevant time for purposes of paragraph 7(b) is the time at ......
  • Beijing Judian Restaurant Co. Ltd. v. Meng, 2022 FC 743
    • Canada
    • Federal Court (Canada)
    • 18 Mayo 2022
    ...and/or services. While the nature of the misrepresentation may take on different forms (TFI Foods Ltd v Every Green International Inc, 2021 FC 241 at paragraph 51; Ark Innovation Technology Inc v Matidor Technologies Inc, 2021 FC 1336 at para 69), confusion, or the potential for confusion, ......
  • Ark Innovation Technology Inc. v. Matidor Technologies Inc.,
    • Canada
    • Federal Court (Canada)
    • 1 Diciembre 2021
    ...element of the passing off analysis does not require the use of a confusing trademark: TFI Foods Ltd v Every Green International Inc, 2021 FC 241 at paras 51–53. However, the misrepresentation must be related to a registered or unregistered trademark given the constitutional limitati......
  • UBS Group AG v. Yones, 2022 FC 132
    • Canada
    • Federal Court (Canada)
    • 3 Febrero 2022
    ...which I concluded that a defaulting defendant was liable for $35,000 in punitive damages: TFI Foods Ltd v Every Green International Inc, 2021 FC 241 at paras 68–74. However, in that case, the defendant, in addition to ignoring demand letters and failing to respond to proceedings in this Cou......
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6 cases
  • Travel Leaders Group, LLC v. 2042923 Ontario Inc. (Travel Leaders), 2023 FC 319
    • Canada
    • Federal Court (Canada)
    • 8 Marzo 2023
    ...public attention to its own services (Hamdard Trust (2019) at para 39 (see also, TFI Foods Ltd. v Every Green International Inc., 2021 FC 241 at para 38 (TFI Foods)). This fourth requirement is not present at common law. [205] The relevant time for purposes of paragraph 7(b) is the time at ......
  • Beijing Judian Restaurant Co. Ltd. v. Meng, 2022 FC 743
    • Canada
    • Federal Court (Canada)
    • 18 Mayo 2022
    ...and/or services. While the nature of the misrepresentation may take on different forms (TFI Foods Ltd v Every Green International Inc, 2021 FC 241 at paragraph 51; Ark Innovation Technology Inc v Matidor Technologies Inc, 2021 FC 1336 at para 69), confusion, or the potential for confusion, ......
  • Ark Innovation Technology Inc. v. Matidor Technologies Inc.,
    • Canada
    • Federal Court (Canada)
    • 1 Diciembre 2021
    ...element of the passing off analysis does not require the use of a confusing trademark: TFI Foods Ltd v Every Green International Inc, 2021 FC 241 at paras 51–53. However, the misrepresentation must be related to a registered or unregistered trademark given the constitutional limitati......
  • UBS Group AG v. Yones, 2022 FC 132
    • Canada
    • Federal Court (Canada)
    • 3 Febrero 2022
    ...which I concluded that a defaulting defendant was liable for $35,000 in punitive damages: TFI Foods Ltd v Every Green International Inc, 2021 FC 241 at paras 68–74. However, in that case, the defendant, in addition to ignoring demand letters and failing to respond to proceedings in this Cou......
  • Request a trial to view additional results
9 firm's commentaries
  • 2021 Year In Review: Key Trademark Cases In Canada
    • Canada
    • Mondaq Canada
    • 20 Enero 2022
    ...its "wrongful conduct" after receiving the demand letter. The second decision was in TFI Foods Ltd. v. Every Green International Inc., 2021 FC 241. In 2020, in TFI Foods Ltd I-MEI Foods Co, Ltd. v Every Green International Inc., 2020 FC 808, Justice McHaffie of the Federal Court issued an i......
  • 2021 Year In Review: Key Trademark Cases In Canada
    • Canada
    • Mondaq Canada
    • 20 Enero 2022
    ...its "wrongful conduct" after receiving the demand letter. The second decision was in TFI Foods Ltd. v. Every Green International Inc., 2021 FC 241. In 2020, in TFI Foods Ltd I-MEI Foods Co, Ltd. v Every Green International Inc., 2020 FC 808, Justice McHaffie of the Federal Court issued an i......
  • Canadian Trademarks Year In Review 2021 - Grey Goods
    • Canada
    • Mondaq Canada
    • 2 Marzo 2022
    ...TFI Foods Ltd. v. Every Green International Inc., 2021 FC 241 This decision is a good reminder that the sale of grey goods does not constitute trademark In this case, I-MEI successfully brought a motion for default judgement against Every Green, who was selling I-MEI grey goods with a label......
  • Top Trademark Developments In Canada ' Part I
    • Canada
    • Mondaq Canada
    • 1 Noviembre 2021
    ...owners may have more recourses than they think against sellers of grey market goods. In TFI Foods Ltd. v. Every Green International Inc., 2021 FC 241, the Court found that a label falsely stating that the grey marketer is the exclusive distributor can constitute passing off, as the misrepre......
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