Scott Technologies Inc. v. 783825 Alberta Ltd. Et Al, 2015 FC 1336
Justice Zinn - 2015-12-03
Read full decision. Summary prepared by Alan Macek:
This litigation involves three trade-marks registered under the Trade-marks Act. The plaintiff alleges 7(b), 7(c), 19, 20 and 22 of the Trade-marks Act. The action was dismissed. The court analyzed the evidence of confusion and concluded that "There is no real evidence of confusion despite the fact that the defendants’ business has operated in a market in which the plaintiff has been doing business for more than 20 years. There is little meaningful confusion and thus no infringement of the plaintiff’s trade-marks, nor has there been any passing off."
Decision relates to:
- T-2041-12 - SCOTT TECHNOLOGIES, INC. v. SCOTT SAFETY SUPPLY SERVICES, LTD.
- A-6-16 - which is an appeal from this decision