Loblaws Inc. v. Columbia Insurance Company, 2019 FC 961

Justice Southcott - 2019-07-22

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This decision relates to an action by the Plaintiff, Loblaws Inc. [Loblaw], against the Defendants, Columbia Insurance Company [Columbia], The Pampered Chef, Ltd., and Pampered Chef – Canada Corp., asserting various causes of action under the Trade-marks Act, RSC 1985, c T-13 [the Act] and claiming remedies related thereto. The Defendants have counterclaimed, seeking to have certain trademarks that are the subject of Loblaw’s action declared invalid and struck from the Register, on the basis that they are not distinctive of Loblaw. This decision follows a trial of the liability issues in this action held in Toronto. ... For the reasons explained in greater detail below, Loblaw’s claims are dismissed, and the Defendants’ counterclaim is dismissed. ... Pampered Chef takes the position that none of its marks is identical to those of Loblaw and that there is no likelihood of confusion between the Short Form Marks and the PC Marks. It therefore denies liability to Loblaw under any of the causes of action asserted. Pampered Chef also counterclaims seeking a declaration that the PC Word Mark is invalid and should be struck from the Register, on the basis that it is not distinctive of Loblaw contrary to s 2 and 18(1)(b) of the Act, and an order expunging the PC Word Mark.

Decision relates to:



Canadian Intellectual Property