D.M.C. SRL v. Giusti, 2024 FC 605
Justice Pallotta - 2024-04-22
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The case involves an appeal under the Trademarks Act regarding an opposition to a trademark application for "GIUSTI PROSECCO." The appellant, an Italian family business, opposed the trademark application by claiming that the mark was not used in Canada, primarily merely a surname, likely to cause confusion, and not distinctive. The Trademarks Opposition Board (TMOB) dismissed the opposition on all grounds. The appellant alleged errors in the TMOB's decision and refusal to admit certain evidence. In the appeal, new evidence was presented, including affidavits and file histories related to the trademark applications. The court will review the evidence to determine if the TMOB's decision was correct.
Decision relates to:
- T-2485-22 - D.M.C. SRL v. ERMENEGILDO GIUSTI