The Clorox Company of Canada, Ltd. v. Chloretec S.E.C., 2020 FCA 76
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Date | 20 April 2020 |
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46 practice notes
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Beverly Hills Jewellers MFG Ltd. v. Corona Jewellery Company Ltd.,
...added] [29] To the same effect is the recent Federal Court of Appeal judgment in The Clorox Company of Canada, Ltd. v Chloretec S.E.C., 2020 FCA 76 [de Montigny JA] [Clorox]: 23 As a result, from now on, it is the Supreme Court’s jurisprudence on appellate standards of review (and in......
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Beverly Hills Jewellers MFG Ltd. v. Corona Jewellery Company Ltd.,
...added] [26] To the same effect is the recent Federal Court of Appeal judgment in The Clorox Company of Canada, Ltd. v Chloretec S.E.C., 2020 FCA 76 [de Montigny JA] [Clorox]: 23 As a result, from now on, it is the Supreme Court’s jurisprudence on appellate standards of review (and in......
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Miller Thomson LLP v. Hilton Worldwide Holding LLP, 2020 FCA 134
...Court must now scrutinize the Federal Court’s decision on the appellate basis: The Clorox Company of Canada, Ltd. v. Chloretec S.E.C., 2020 FCA 76, 172 C.P.R. (4th) 351. This requires that the Court apply the standards of review articulated in cases such as Housen v. Nikolaisen, 2002 SCC 33......
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Puma SE v. Caterpillar Inc., 2023 FCA 4
...overriding error. For questions of law, the applicable standard is correctness (see Clorox Company of Canada, Ltd. v. Chloretec S.E.C., 2020 FCA 76, 172 C.P.R. (4th) 351 at paras. 18-23). [19] In the present appeal, each of Puma’s grounds of appeal relates to a question of mixed fact and la......
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42 cases
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Beverly Hills Jewellers MFG Ltd. v. Corona Jewellery Company Ltd.,
...added] [29] To the same effect is the recent Federal Court of Appeal judgment in The Clorox Company of Canada, Ltd. v Chloretec S.E.C., 2020 FCA 76 [de Montigny JA] [Clorox]: 23 As a result, from now on, it is the Supreme Court’s jurisprudence on appellate standards of review (and in......
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Beverly Hills Jewellers MFG Ltd. v. Corona Jewellery Company Ltd.,
...added] [26] To the same effect is the recent Federal Court of Appeal judgment in The Clorox Company of Canada, Ltd. v Chloretec S.E.C., 2020 FCA 76 [de Montigny JA] [Clorox]: 23 As a result, from now on, it is the Supreme Court’s jurisprudence on appellate standards of review (and in......
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Puma SE v. Caterpillar Inc., 2023 FCA 4
...overriding error. For questions of law, the applicable standard is correctness (see Clorox Company of Canada, Ltd. v. Chloretec S.E.C., 2020 FCA 76, 172 C.P.R. (4th) 351 at paras. 18-23). [19] In the present appeal, each of Puma’s grounds of appeal relates to a question of mixed fact and la......
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Miller Thomson LLP v. Hilton Worldwide Holding LLP, 2020 FCA 134
...Court must now scrutinize the Federal Court’s decision on the appellate basis: The Clorox Company of Canada, Ltd. v. Chloretec S.E.C., 2020 FCA 76, 172 C.P.R. (4th) 351. This requires that the Court apply the standards of review articulated in cases such as Housen v. Nikolaisen, 2002 SCC 33......
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4 firm's commentaries
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Clorox V Chloretec: The Application Of Vavilov In The Trademarks Context
...their grounds of appeal and focus on strict errors of law if they exist. Those will now form a "cleaner" appeal route. Footnotes 1. 2020 FCA 76 Clorox v. Chloretec., aff'g 2018 FC 408 Clorox FC., aff'g 2016 TMOB 30 Clorox 2. 2019 SCC 65 Vavilov.. 3. 2019 SCC 65, 2019 SCC 66, 2019 SCC 67. 4.......
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Federal Court Of Appeal Addresses New Standard Of Review For Trademark Opposition Appeals
...Company of Canada, Ltd. v. Chloretec S.E.C., 2020 FCA 76 This is an appeal of a Federal Court (FC) decision, in which the Court upheld the decision of the Trademark Opposition Board (TMOB), rejecting Clorox's opposition to two trademark applications by Chloretec. The Federal Court of Appeal......
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The New Standard Of Review In Trademark Opposition Appeals: Federal Court Of Appeal Calls For A "fresh Start"
...question. Footnotes 1 Pentastar Transport Ltd. v. FCA US LLC, 2020 FC 367 2 The Clorox Company of Canada, Ltd. v. Chloretec S.E.C., 2020 FCA 76 3 2019 SCC 65 To discuss these issues, please contact the author(s). This publication is a general discussion of certain legal and related developm......
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Notable Trademark Decisions In 2020
...from which, on balance, a conclusion of use may follow as a logical inference. In The Clorox Company of Canada, Ltd. v. Chloretec s.e.c 2020 FCA 76 the appellant had filed additional evidence under subsection 56(1). The court said that the recent decision of the Supreme Court in Vavilov did......