Trademark Building Products Inc. v. Window World International, LLC, 2026 FC 251
Justice Furlanetto - 2026-02-23
Read full decision. Automatically generated summary:
This decision involves a motion brought by WW under subsection 56(5) of the Trademarks Act for leave to file new evidence in the pending appeal proceedings ... In a decision [2025 TMOB 63], the Registrar deleted in part the services registered in association with the WINDOW WORLD Marks pursuant to section 45 proceedings initiated by the Respondent TBPL. ... I accept the explanation given by Mr. Bauer as to WW’s technical inaccessibility to the data at the time of the section 45 proceedings. As TBPL will have full opportunity to cross?examine on this new evidence (Rule 83 of the Federal Courts Rules) and considering the flexibility to be provided during this transition period, I consider there to be minimal prejudice in admitting paragraphs 1-5 and Exhibit A of the Second Bauer Affidavit into the proceeding. ... The additional evidence proposed does not advance WW’s arguments and, in my view, if before the Registrar could not have altered the Decision. Additionally, there is no explanation given as to why this evidence was not provided earlier, particularly in view of WW’s awareness of the issues and the nature of the evidence that was already provided relating to the alleged inability to franchise during the Relevant Period. In this context, it is my view that further flexibility cannot be extended. ... The motion accordingly is allowed in part, with paragraphs 1-5 and Exhibit A of the Second Bauer Affidavit permitted and the remainder of the proposed evidence refused.
Decision relates to:
- T-1637-25 - TRADEMARK BUILDING PRODUCTS LTD. v. WINDOW WORLD INTERNATIONAL LLC.
- T-1644-25 - Window World International, LLC v. Trademark Building Products Ltd.
- T-1645-25 - Window World International, LLC v. Trademark Building Products Ltd.
- T-2744-25 - HIS MAJESTY THE KING IN RIGHT OF CANADA v. SHAWN FAURE