C.W. Parsons Ltd. v. Parsons Paving Ltd., 2019 FC 458
Justice Phelan - 2019-04-12
Read full decision. Automatically generated summary:
This is an application claiming passing off by the Respondent under subsections 7(b), (c) and (d) of the Trade-marks Act, RSC 1985, c T-13 [Act]. This is a dispute between brothers to use their family name in association with paving services particularly on the Avalon Peninsula of Newfoundland and Labrador. There is some urgency to resolve this matter before the commencement of the 2019 paving season. The application will be dismissed because of the insufficiency of evidence. The Applicant has only established a mere possibility of confusion and has failed to show damages, actual or potential.
Decision relates to:
- T-1760-18 - C.W. PARSONS LTD. v PARSONS PAVING LTD.