Venngo Inc. v. Concierge Connection Inc. et al., 2015 FC 1338

Justice Manson - 2015-12-03

Read full decision. Summary prepared by Alan Macek:

The Plaintiff, Venngo, claims that Concierge Connection Inc. and its directors, Ms. Morgan Marlowe and Mr. Richard Joynt have infringed its rights in a family of registered Canadian trademarks ending in “PERKS” by using the registered trademark “PERKOPOLIS” pursuant to sections 19 and 20 of the Trade-marks Act. Venngo further alleges that the Defendants have made false and misleading statements discrediting Venngo’s business, committed the tort of passing off and depreciated their goodwill, contrary to subsections 7(a), 7(b), 7(c) and 22 of the Act. The action was dismissed. Several claims were abandoned at the hearing. The court found no evidence for s.7(a), there was no' use' of a registered trademark for s.22, no evidence of damage and no likelihood of deception through misrepresentation for s.7(b). Weighing the factors, the court found no confusion between the parties' marks. (Thanks to David Reive for a copy of the decision)

Decision relates to:


Canadian Intellectual Property