Live! Holdings, LLC v. Oyen Wiggs Green & Mutala LLP, 2020 FCA 120

Justice Mactavish; Justice Near; Justice Laskin - 2020-07-14

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Live! Holdings, LLC appeals from the judgment of the Federal Court (reported as 2019 FC 1042) upholding the decision of the Registrar of Trademarks to expunge the “LIVE” trademark from the Register of Trademarks. ... For the reasons that follow, I have concluded that it is not necessary to decide whether the appellant had established use of the LIVE mark in Canada during the period in issue, as the Federal Court did not err in concluding that the appellant had failed to establish that any use of the mark in this country should enure to its benefit. Nor did the Federal Court err in finding that there were no special circumstances excusing the non-use of the mark. Consequently, I would dismiss the appeal.

Decision relates to:


Canadian Intellectual Property