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Toys “R” Us (Canada) Ltd. v. Herbs “R” Us Wellness Society, 2020 FC 682

Judgment Cited authorities 18 Cited in 28 Precedent Map Related
Vincent
JurisdictionFederal Jurisdiction (Canada)
CourtFederal Court (Canada)
Citation2020 FC 682
Date11 June 2020
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28 practice notes
  • Cubias v. Canada (Citizenship and Immigration), 2022 FC 121
    • Canada
    • Federal Court (Canada)
    • January 25, 2023
    ...law firms, in three recent decisions. [52] First, in Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, 2020 FC 682 [Toys “R” Us], he considered an affidavit written by an associate lawyer regarding his visit to a store as an articling studen......
  • Energizer Brands, LLC and Energizer Canada inc. v. Gillette Campany et al., 2023 FC 804
    • Canada
    • Federal Court (Canada)
    • July 6, 2023
    ...claim, the cases on which it relies in this regard (Toys “R” US (Canada) Ltd. v Herbs “R” US Wellness Society, 2020 FC 682 [Toys “R” Us] at para 59, and Varzari, above at para 48 where linkage was inferred in the absence of survey evidence), are dis......
  • Dermaspark Products Inc v. Patel, 2023 FC 388
    • Canada
    • Federal Court (Canada)
    • March 21, 2023
    ...Consumption Inc et al, 2016 FC 949 [Trans-High]; Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, 2020 FC 682) [Toys “R” Us]. [132] DermaSpark submits that five different trademarks or five “brands” were infringed, unlike in t......
  • Boulangerie Vachon Inc. v. Racioppo, 2021 FC 308
    • Canada
    • Federal Court (Canada)
    • April 9, 2021
    ...arising from the defendants’ conduct: Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, 2020 FC 682 at para 67, citing Teavana Corporation v Teayama Inc, 2014 FC 372 at paras 39–41. The plaintiffs requested damages in the amount of $10,000 o......
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12 cases
  • Cubias v. Canada (Citizenship and Immigration), 2022 FC 121
    • Canada
    • Federal Court (Canada)
    • January 25, 2023
    ...law firms, in three recent decisions. [52] First, in Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, 2020 FC 682 [Toys “R” Us], he considered an affidavit written by an associate lawyer regarding his visit to a store as an articling studen......
  • Energizer Brands, LLC and Energizer Canada inc. v. Gillette Campany et al., 2023 FC 804
    • Canada
    • Federal Court (Canada)
    • July 6, 2023
    ...claim, the cases on which it relies in this regard (Toys “R” US (Canada) Ltd. v Herbs “R” US Wellness Society, 2020 FC 682 [Toys “R” Us] at para 59, and Varzari, above at para 48 where linkage was inferred in the absence of survey evidence), are dis......
  • Dermaspark Products Inc v. Patel, 2023 FC 388
    • Canada
    • Federal Court (Canada)
    • March 21, 2023
    ...Consumption Inc et al, 2016 FC 949 [Trans-High]; Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, 2020 FC 682) [Toys “R” Us]. [132] DermaSpark submits that five different trademarks or five “brands” were infringed, unlike in t......
  • Boulangerie Vachon Inc. v. Racioppo, 2021 FC 308
    • Canada
    • Federal Court (Canada)
    • April 9, 2021
    ...arising from the defendants’ conduct: Toys “R” Us (Canada) Ltd v Herbs “R” Us Wellness Society, 2020 FC 682 at para 67, citing Teavana Corporation v Teayama Inc, 2014 FC 372 at paras 39–41. The plaintiffs requested damages in the amount of $10,000 o......
    • Request a trial to view additional results
16 firm's commentaries
  • Year In Review ' Key Trademark Cases From 2020
    • Canada
    • Mondaq Canada
    • January 19, 2021
    ...of Goodwill On June 11, 2020, the Federal Court rendered its decision in Toys "R" Us (Canada) Ltd. v. Herbs "R" Us Wellness Society, 2020 FC 682. The decision provides brand owners with some ammunition to prevent the use of a similar mark that trades off the goodwill or reputation of a well......
  • The Metaverse: A Brief Overview And Certain Trademark Protection Considerations For Brand Owners
    • Canada
    • Mondaq Canada
    • April 29, 2022
    ...Box Inc., 2022 FC 499 (CanLII), https://canlii.ca/t/jnm4q at para 67 quoting Toys "R" Us (Canada) Ltd. v Herbs "R" Us Wellness Society, 2020 FC 682 at paragraphs 60 to 63; [Veuve Clicquot Ponsardin v Boutiques Cliquot Ltee, 2006 SCC 23 at paragraphs 63 to 64 24. Veuve Clicquot Ponsardin v B......
  • Intellectual property law in Canada: 2021 A year in review
    • Canada
    • JD Supra Canada
    • February 25, 2022
    ...goodwill of their registered trademark. Two more recent and separate cases, Toys “R” Us (Canada) Ltd. v. Herbs “R” Us Wellness Society, 2020 FC 682, and Subway IP LLC v. Budway, Cannabis & Wellness Store, 2021 FC 583 highlight the four part legal test which a registered mark holder must mee......
  • Federal Court Grants Toys "R" Us Judgment In Depreciation Of Goodwill Claim Against "Herbs R Us"
    • Canada
    • Mondaq Canada
    • June 18, 2020
    ...Us (Canada) Ltd. v. Herbs "R" Us Wellness Society, 2020 FC 682 On June 11, 2020, the Federal Court granted well-known Canadian retailer Toys R Us judgment against the operator of a Vancouver-based retail marijuana "dispensary" operating as "Herbs R Us", a rare example of a successful claim ......
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