Responsive Brands Inc v. 2248003 Ontario Inc., 2016 FC 355
Justice Boswell - 2016-03-30
Read full decision. Summary prepared by Alan Macek:
This is an action for trade-mark infringement and passing off brought by Responsive Brands Inc., owner of the “Mister Transmission” trade-mark, against 2248003 Ontario Inc which uses the trade names "Master Transmission" and "Master Transmission & Driveline". The Court looked at the evidence of actual confusion and found it was confusion by courier companies and tow truck driver, not actual consumers of transmission services. The court found that the plaintiff's mark had acquired distinctiveness and after reviewing the 6(5) factors, found that there is a likelihood of confusion and infringement under s20(1)(a) and 7(b) of the Trademarks Act. The court dismissed the claim of passing off because there was not sufficient evidence of depreciation of goodwill, deception of the public or actual or potential damage to the plaintiff. The court ordered an injunction and required the defendant to change its advertising; damages were bifurcated.
Decision relates to:
- T-64-11 - MISTER TRANSMISSION(INTERNATIONAL) LIMITED v. MASTER TRANSMISSION ET AL