Corey Bessner Consulting Inc. v. Core Consultants Realty Inc. et al, 2020 FC 224

Justice Walker - 2020-02-11

Read full decision. Summary prepared by Alan Macek:

During the last quarter of 2015 and into early 2016, Messrs. Bessner, Samarah and Abramovitz discussed combining their expertise and experience in the commercial realty markets in Montréal and Toronto. They envisaged a business alliance that would benefit the two separate operations by promoting a national brokerage under a common brand. It is the genesis, structure and ultimate demise of the alliance that is at the centre of this action. ... The evidence in this case does not establish that, by words or conduct, either Mr. Bessner or the Plaintiff made a clear promise to the Defendants that they would co-own the CORE Logo and/or CORE CONSULTANTS REALTY mark. ... I find that the use of the Marks by the Defendants from the launch of the business alliance in 2016 to August 23, 2018 was pursuant to a license under section 50 of the Trademarks Act. The lack of control by the Plaintiff of the Defendants’ day-to-day business operations is not fatal to the existence of a section 50 license. ... The Defendants’ use of the mark in its logo, as its business name and in the promotion of essentially the same services as those of the Plaintiff has caused actual confusion in the marketplace and I am satisfied as to the likelihood, if not inevitability, of ongoing confusion. ... I find that the Plaintiff has established passing off by the Defendants contrary to subsection 7(b) of the Trademarks Act. (Thanks to John Simpson for the decision)

Decision relates to:



Canadian Intellectual Property