Decision

Sadhu Singh Hamdard Trust v. Navsun Holdings Ltd., 2018 FC 1039

2018-10-19

Read full decision. Automatically generated summary:

The Plaintiff, Sadhu Singh Hamdard Trust [Hamdard], publishes the Daily Ajit, a newspaper founded in Punjab, India in 1955. The Daily Ajit is a widely-read and respected newspaper in India. Since 1984, the Daily Ajit has featured a logo on its masthead. The logo comprises the word “Ajit”, which means “unconquerable” or “invincible” in Punjabi, in stylised text. ... For the reasons that follow, Hamdard has established its claims of passing-off, depreciation of goodwill and copyright infringement, but only with respect to Navsun’s original logo. Due to limitations and defences, Hamdard may recover damages only for the period July 2007 to September 2009. Hamdard has not met its burden of establishing passing-off, trade-mark infringement, depreciation of goodwill or copyright infringement with respect to Navsun’s new logo. These claims are therefore dismissed.

Decision relates to:

 

Canadian Intellectual Property