Advantage Products Inc. v. Excalibre Oil Tools Ltd., 2019 FCA 121

Justice Dawson; Justice Gauthier; Justice Rivoalen - 2019-05-14

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This is a cross-appeal by Excalibre Oil Tools Ltd., Excalibre Downhole Tools Ltd., Kudu Industries Inc., Carder Investments LP, Carder Management Ltd., and Logan Completion Systems Inc. (collectively, the appellants) from the judgment of the Federal Court (2016 FC 1279) declaring that they are entitled to damages only from Advantage Products Inc. (API) as a result of false and misleading statements made contrary to subsection 7(a) of the Trade-marks Act, R.S.C. 1985, c. T-13 (Trade-marks Act). The only question raised before this Court is whether the Federal Court erred by failing to hold MSI Offshore also liable for said damages. At the hearing, it became clear that the determinative issue was whether there was any basis to conclude that MSI Offshore was a competitor of the appellants. ... Considering the very thin evidentiary record available and the submissions made, I have not been persuaded that the Federal Court committed an error in respect of the issue raised in this cross-appeal that would warrant our intervention.

Decision relates to:


Canadian Intellectual Property