Royal Pacific Real Estate Group Ltd. v. Dong, 2018 BCSC 1272
Read full decision. Summary prepared by Alan Macek:
In this action the plaintiff Royal Pacific seeks damages against the defendants for infringement of trade-mark, the statutory tort of unfair competition set out in s. 7 of the Trade-marks Act and the tort of passing off. The Defendant was a sales representative in 2012/2013 who is alleged to have used the registered trademark in a manner that infringed, including through a website which combined real estate services and a social media referral operation. In addition to allegations of breach of a representation contract, on the issue of trademark infringement the court the main issue was whether the defendant had permission. The Court concluded that the defendant had no right to use the registered mark in associate with his own separate business. The Court also found there was passing off based on the plaintiffs well-recognized name and reputation in the market and damage could be inferred. The Court granted an injunction, ordered transfer of the domain name and held that all defendants, including the individual, were liable. Nominal damages in the amount of $1500 for each breach were granted, with costs.