Toyota Jidosha Kabushiki Kaisha (Toyota Motor Corporation) v. Marrand Auto Inc., 2025 FC 1105
Justice Fuhrer - 2025-06-18
Read full decision. Generated by ChatGPT:
In this case, the appeal concerns a previous order that struck down the Amended Statement of Claim regarding the alleged unauthorized sale of damaged automotive parts bearing a well-known brand. The Plaintiffs argued that these goods lost their brand affiliation due to improper handling during shipment by a grey marketer. The Defendant asserted no legal errors were made in the original ruling, urging that the goods were lawfully acquired and permissible for sale. The Court found that the Defendant failed to prove any legal error or significant oversight, consequently upholding the lower court's decision to strike the claims, allowing amendment only on specific provisions of the Trademarks Act. Notably, the Court emphasized that the concept of “use” of a trademark in determining infringement may involve nuances. Ultimately, the appeal was dismissed, maintaining the original order's restrictions on the amended claims.
Decision relates to:
- T-627-23 - TOYOTA JIDOSHA KABUSHIKI KAISHA trading as TOYOTA MOTOR CORPORATION et Al.
- A-242-25 - which is an appeal from this decision