2K4 Inc. o/a Indican Pictures v. Indiecan Entertainment Inc.
Summary of T-1706-23
The following information was obtained from the Federal Court or Federal Court of Appeal websites but is NOT the official version. See links below for the court websites.
Federal Court Type: Trade Mark - Appeal of a decision of the Registrar
Detected Type: Trade Mark - Passing Off
Parties and Lawyers:Party | Firm | Lawyer |
---|---|---|
2K4 INC | MBM INTELLECTUAL PROPERTY | MILLER, SCOTT |
INDICAN PICTURES (COB) | ||
INDIECAN ENTERTAINMENT INC |
Name | Number |
---|---|
INDICAN PICTURES | 2131387 |
INDICAN PICTURES | 1995848 |
INDICAN PICTURES | 2131391 |
INDICAN PICTURES | 2131466 |
INDICAN ENTERTAINMENT |
Decisions
Name | Date | Paragraph |
2K4 Inc. O/A Indican Pictures v. Indiecan Entertainment Inc. 2025 FC 20 | Jan 3, 2025 | 2K4 Inc. o/a Indican Pictures [the Applicant] seeks to assert rights in the unregistered Canadian trademark “Indican Pictures,” used in association with television, radio, and film distribution services in Canada. The Applicant accuses IndieCan Entertainment Inc. [the Respondent], a Canadian company of passing off its film distribution services as and for those of the Applicant. ... Use is an essential requirement in the passing off analysis under paragraph 7(b). In my view, the Applicant has not established use of its Mark in association with film distribution services before 2011. Therefore, the analysis can end there, as the Applicant has not established that its Mark was a valid Canadian trademark in 2011. |
Docket Summary (Google Translate to English)
() 2025-03-05 - OttawaAcknowledgment of Receipt received from both parties with respect to the Court's order issued on 05-MAR-2025 placed on file on 05-MAR-2025
DOWNLOAD Order dated 05-MAR-2025 rendered by The Honourable Madam Justice McVeigh Matter considered without personal appearance The Court's decision is with regard to Order dated 03-JAN-2025 Result: THIS COURT ORDERS that: 1. The Respondent is awarded costs of $25,000.00, inclusive of taxes and disbursements, to be payable forthwith by the Applicant. Filed on 05-MAR-2025 copies sent to parties entered in J. & O. Book, volume 1708 page(s) 272 - 280 Interlocutory Decision
Communication to the Court from the Registry dated 13-JAN-2025 re: the parties's costs submissions filed on 13-JAN-2025
Bill of costs of Respondent with proof of service on Applicant on 13-JAN-2025 filed on 13-JAN-2025
DOWNLOAD Written Costs Submissions on behalf of Respondent concerning the Court's Reasons for Judgment with proof of service upon Applicant on 13-JAN-2025 filed on 13-JAN-2025
Affidavit of service of Karhema Ettienne sworn on 13-JAN-2025 on behalf of Applicant confirming service of the Applicant's costs submissions upon Respondent by e-mail on 13-JAN-2025 filed on 13-JAN-2025
Written Costs Submissions on behalf of Applicant concerning The Court's Reasons for Judgment rendered on 03-JAN-2025 filed on 13-JAN-2025
Reasons for Judgment and Judgment dated 03-JAN-2025 rendered by The Honourable Madam Justice McVeigh Matter considered with personal appearance The Court's decision is with regard to Judicial Review (s.18) Result: 1. The Application is dismissed 2. The parties have 10 days from the date of this judgment to provide no more then three pages of submissions with respect to costs Filed on 03-JAN-2025 copies sent to parties Final Decision Copy of Reasons for Judgment and Judgment entered in J. & O. Book, volume 1694 page(s) 307 - 354
Oral directions received from the Court: The Honourable Madam Justice McVeigh dated 28-OCT-2024 directing that "Pursuant to correspondence dated October 11, 2024, where the parties requested because of settlement offers to not provide cost submissions until 10 days after the date of the decision in this matter. I will accept that submission with the limitation of 3 pages of submissions for each party being dues 10 days after the decision is issued." placed on file on 28-OCT-2024 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 16-OCT-2024 re: Letter dated 11-Oct-2024. Sent to madam Justice McVeigh.
Letter from Applicant dated 11-OCT-2024 This letter is provided on consent of the Respondent. the Parties respectfully request that in the absence of resolution of costs, each party submit their written submissions on costs 10 days after the issuance of the decision. (...) see e-copy received on 11-OCT-2024
Ottawa 10-OCT-2024 BEFORE The Honourable Madam Justice McVeigh Language: E Before the Court: Continuation of the Judicial Review Result of Hearing: Matter reserved held by way of video conference Duration per day: 10-OCT-2024 from 09:30 to 04:30 Courtroom : Ottawa (Zoom) Court Registrar: Brigitte Cyr Total Duration: 7hr Appearances: Deborah Meltzer 613-567-0762 representing Applicant Scott Miller 613-567-0762 representing Applicant May Cheng 416-504-5805 representing Respondent Riley Sun 416-504-5805 representing Respondent Comments: recorded via zoom The matter is reserved Minutes of Hearing entered in Vol. 1119 page(s) 471 - 474 Abstract of Hearing placed on file
Compendium of the Applicant placed on file on 09-OCT-2024
Acknowledgment of Receipt received from both parties with respect to the Direction issued by the Court on 4-SEP-2024 placed on file on 04-SEP-2024
Oral directions received from the Court: The Honourable Madam Justice McVeigh dated 04-SEP-2024 directing that The Court directs that the hearing of the judicial review in this matter scheduled for October 10, 2024, shall proceed by Zoom videoconference There is no change to the time or duration of the hearing." placed on file on 04-SEP-2024 Confirmed in writing to the party(ies)
Memorandum to file from Jonathan Macena - Ottawa dated 04-SEP-2024 Upon request of the presiding judge, I canvassed the parties to change the hearing mode to a virtual hearing. The parties have agreed to proceed virtually. I have advised the Court of the agreement. placed on file.
Acknowledgment of Receipt received from all parties with respect to Order dated 17-JUL-2024 Doc No. 33 placed on file on 18-JUL-2024
Order (time and place) dated 17-JUL-2024 rendered by Chief Justice Crampton and signed by Judicial Administrator fixing Judicial Review (s.18) to be heard at Special Sitting in Ottawa on 10-OCT-2024 to begin at 09:30 duration: 1d language: E Filed on 17-JUL-2024 cc's sent to parties entered in J. & O. Book, volume 1665 page(s) 319 - 319 Transmittal letters placed on file
Memorandum to file from Aline Longin Ott dated 16-JUL-2024 re: Letter ID 43, sent to Trial JA placed on file.
Letter from Plaintiff dated 16-JUL-2024 This letter is provided in response to the Direction of the Judicial Administrator issued July 16, 2024, regarding the hearing scheduled for July 23, 2024, that was adjourned sine die. The parties have confirmed that they are mutually available on October 9th, 10th, and 11th for the rescheduling of the hearing. received on 16-JUL-2024
Oral directions of the Judicial Administrator dated 16-JUL-2024 directing "Due to unforeseen circumstances, the Judicial Review in this matter, scheduled to be heard on July 23, 2024, is adjourned sine die. Parties are asked to provide their dates of mutual availabilities during the weeks of September 23, 2024, and October 7, 2024." received on 16-JUL-2024
Acknowledgment of Receipt received from both parties with respect to the Court's Order issued on 27-MAR-2024 placed on file on 27-MAR-2024
Order (time and place) dated 27-MAR-2024 rendered by Chief Justice Crampton and signed by Judicial Administrator fixing Judicial Review (s.18) to be heard at Special Sitting in Ottawa on 23-JUL-2024 to begin at 09:30 duration: 1d language: E Filed on 27-MAR-2024 cc's sent to parties entered in J. & O. Book, volume 1644 page(s) 398 - 398 Transmittal letters placed on file
Memorandum to file from Aline L. Ott dated 14-MAR-2024 Requisition for hearing sent to TRIAL JA. placed on file.
Affidavit of service of Karhema Ettienne sworn on 14-MAR-2024 on behalf of Applicant confirming service of Requisition for hearing. upon Respondent by email on 14-MAR-2024 filed on 14-MAR-2024
Requisition for hearing - Application from Applicant filed on 14-MAR-2024 Tariff Application or appeal - $50.00
Solicitor's certificate of service on behalf of May M. Cheng, for the Respondent confirming service of Respondent's Record, Doc 28 and Book of Authorities (5 volumes), ID 35 upon Applicant by email to Scott Miller and Deborah Meltzer, solicitors for the Applicant on 04-MAR-2024 filed on 04-MAR-2024
Book of Authorities consisting of 5 volume(s) on behalf of Respondent received on 04-MAR-2024
Respondent's Record Number of copies received/prepared: 1 on behalf of Respondent with consent to extend the time for filing filed on 04-MAR-2024
Consent on behalf of the parties to Rule 7 extension of 10 days, from February 21 to March 2, 2024 to serve/file the Respondent's Record. with proof of service upon Applicant on 21-FEB-2024 filed on 04-MAR-2024
Affidavit of service of Karhema Ettienne sworn on 01-FEB-2024 on behalf of Applicant confirming service of the Applicant's Record upon Respondent by e-mail on 01-FEB-2024 filed on 01-FEB-2024
Book of Authorities consisting of 1 volume(s) on behalf of Applicant received on 01-FEB-2024
Applicant's Record Volume 6 of 6 (46 pages) Number of copies received/prepared: 1 on behalf of Applicant filed on 01-FEB-2024
Applicant's Record Volume 5 of 6 (272 pages) Number of copies received/prepared: 1 on behalf of Applicant filed on 01-FEB-2024
Applicant's Record Volume 4 of 6 (1559 pages) Number of copies received/prepared: 1 on behalf of Applicant filed on 01-FEB-2024
Applicant's Record Volume 3 of 6 (485 pages) Number of copies received/prepared: 1 on behalf of Applicant filed on 01-FEB-2024
Applicant's Record Volume 2 of 6 (355 pages) Number of copies received/prepared: 1 on behalf of Applicant filed on 01-FEB-2024
Applicant's Record Volume 1 of 6 (973 pages) Number of copies received/prepared: 1 on behalf of Applicant filed on 01-FEB-2024
Affidavit of service of Karhema Ettienne sworn on 15-JAN-2024 on behalf of Applicant confirming service of Consent for extension of time upon Respondent by email on 15-JAN-2024 filed on 15-JAN-2024
Consent on behalf of all parties to extension of time to file Applicant's Record filed on 15-JAN-2024
Affidavit of service of Karhema Etienne sworn on 29-NOV-2023 on behalf of Applicant confirming service of Direction to Attend upon Respondent by e-mail on 28-NOV-2023 filed on 29-NOV-2023
Acknowledgment of Receipt received from parties via email with respect to Doc No. 16: Order of the Court (Molgat, AJ) dated Nov 24 2023. placed on file on 24-NOV-2023
DOWNLOAD Order dated 24-NOV-2023 rendered by Sylvie Molgat, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 11 Result: granted "THIS COURT ORDERS that: 1. The Applicant's motion is granted. 2. The time for the parties to complete cross-examinations (Rule 308) is extended to December 13, 2023. 3. The time for the Applicant to serve and file the Applicant's Record (Rule 309) shall begin to run from December 13, 2023. 4. All further steps in the application shall be taken in accordance with the Federal Courts Rules. 5. The whole without costs." Filed on 24-NOV-2023 copies sent to parties via email entered in J. & O. Book, volume 1623 page(s) 260 - 261 Interlocutory Decision
Affidavit of service of Karhema Ettienne sworn on 24-NOV-2023 on behalf of Applicant confirming service of Motion Record and Draft Order upon Respondent by email on 23-NOV-2023 filed on 24-NOV-2023
Communication to the Court from the Registry dated 23-NOV-2023 re: Consent Motion Doc No. 11
Covering letter from Applicant dated 23-NOV-2023 concerning Doc. No. 14 placed on file on 23-NOV-2023
Draft Order concerning Motion Doc. No. 11 received on 23-NOV-2023
Motion Record containing the following original document(s): 11 12 13 Number of copies received: 1 on behalf of Applicant (on consent) filed on 23-NOV-2023
Written Representations contained within a Motion Record on behalf of Applicant concerning Motion in writing Doc. No. 11 filed on 23-NOV-2023
Affidavit of Karhema Ettienne sworn on 22-NOV-2023 contained within a Motion Record on behalf of Applicant in support of Motion Doc. No. 11 with Exhibits A-M filed on 23-NOV-2023
Notice of Motion contained within a Motion Record on behalf of Applicant (on consent) in writing to be placed before the Court in Ottawa for an Order extending the time to complete cross-examinations (see e-doc) filed on 23-NOV-2023 Draft Order\\Judgment received.
Solicitor's certificate of service on behalf of May M. Cheng confirming service of Respondent's Affidavits (3) upon Applicant by email on 16-OCT-2023 filed on 23-OCT-2023
Consent on behalf of Respondent to filing of the Applicant's Amended Notice of Application filed on 19-SEP-2023
Affidavit of service of Karhema Ettienne sworn on 19-SEP-2023 on behalf of Applicant confirming service of Amended Notice of Application upon Respondent by e-mail on 19-SEP-2023 filed on 19-SEP-2023
DOWNLOAD Amended Notice of Application filed on 19-SEP-2023
Affidavit of service of Karhema Ettienne sworn on 18-SEP-2023 on behalf of Applicant confirming service of Affidavit of Randolph Kret upon Respondent by email on 18-SEP-2023 filed on 18-SEP-2023
Affidavit of service of Norbert Hammond sworn on 18-AUG-2023 on behalf of Applicant confirming service of Notice of Application upon Respondent by personal service on 17-AUG-2023 filed on 31-AUG-2023
Solicitor's certificate of service on behalf of May M. Cheng confirming service of Doc. 3 upon Applicant by email on 21-AUG-2023 filed on 22-AUG-2023
DOWNLOAD Notice of appearance on behalf of Respondent filed on 22-AUG-2023
Consent on behalf of all parties to electronic service filed on 22-AUG-2023
Acknowledgment of Receipt received from AGC with respect to Doc No. 1: Notice of Application placed on file on 16-AUG-2023
DOWNLOAD Notice of application with regard to Trademarks Act returnable (but no hearing date indicated at this time) filed on 15-AUG-2023 Tariff fee of $50.00 received: yes
The official version of the court proceeding information is available from the court websites directly: