Live! Holdings, LLC v. Oyen Wiggs Green & Mutala LLP, 2019 FC 1042

Justice Kane - 2019-08-02

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Live! Holdings, LLC [Live or the Applicant], appeals the March 9, 2018 decision of the Registrar of Trade-marks [the Registrar]. The Registrar decided to expunge the registration of Live’s trade-mark, “LIVE” [the Mark], pursuant to section 56 of the Trade-marks Act, RSC 1985, c T-13 [the Act] due to Live’s failure to demonstrate use of the Mark in Canada. ... For the reasons that follow, the appeal is dismissed. Live concedes that it did not use the Mark in association with several of the services for which it was registered. Live submits that it used the Mark in Canada in association with three categories of services: advertising and marketing services for others, entertainment services and hotel services. However, the evidence does not demonstrate that Live or any users licensed by Live used the Mark in Canada in those three categories. Live’s submission that people in Canada received a tangible and meaningful benefit while in Canada—by accessing websites bearing the Mark, by buying tickets to events in the United States [US], which were advertised with the Mark, or by merely holding a reservation at a hotel in the US bearing the Mark—stretches the concept of a tangible and meaningful benefit sufficient to constitute use in Canada beyond its logical limits. Live has not established special circumstances to explain or excuse its non-use of the Mark.

Decision relates to:


Canadian Intellectual Property