Quality Program Services Inc. v. Canada, 2018 FC 971


Read full decision. Automatically generated summary:

The Plaintiff, QPS, has brought this action against the Defendant, Her Majesty the Queen in Right of Ontario as represented by the Minister of Energy [Ontario], claiming damages and other relief for trade-mark infringement, passing off and depreciation of goodwill under the Trade-marks Act. These claims relate to the mark “EMPOWER ME”, registered by QPS under the Act in connection with energy awareness, conservation, and efficiency services, and Ontario’s use of the mark “emPOWERme” in connection with a website used to educate Ontario electricity ratepayers about the Ontario electricity system and energy conservation. Following commencement of this action, Ontario requested that the Registrar give public notice of Ontario’s adoption and use of “emPOWERme” as an official mark under s 9(1)(n)(iii) of the Act, and the Registrar subsequently gave such notice. In addition to other defences, Ontario argues that this status as an official mark affords a complete defence to QPS’s claims. ... As explained in greater detail below, I have found that s 9(1)(n)(iii) of the Act does not insulate Ontario from claims under the Act. The claim by QPS for infringement under s 20 of the Act succeeds, because I have found that Ontario’s mark is confusing with QPS’s mark. The other claims fail, because they turn on the development by QPS of goodwill in connection with its mark, which is currently limited to the province of British Columbia and is not affected by the use by Ontario of its mark in the province of Ontario. My Judgment awards QPS damages of $10,000.00

Decision relates to:

  • A-355-18 - which is an appeal from this decision


Canadian Intellectual Property