Decision

Ministry of Energy Industry and Tourism of the Republic of Cyprus c. 3878422 Canada , 2017 QCCS 3803

2017-08-23

Read full decision. Summary prepared by Alan Macek:

Respondents sought to dismiss an action for declaratory and injunctive relief relating to the use of HALOMI and HALLOUMI trademarks. In an earlier proceeding relating to a certification mark (see 2010 FC 719 and 2011 FCA 201), the Federal Courts had allowed an opposition to HALLOUMI on the basis the mark was generic. The Court in the present case found that the Federal Court decision was not determinative which included enforcement of an agreement not to use the mark by certain parties. The Court also dismissed the respondent's argument that it was not a signatory to the agreement since it was a related entity. (Summary based on a translation)

 

Canadian Intellectual Property