Decision

Bedessee Imports Ltd. v. GlaxoSmithKline Consumer Healthcare (UK) IP Limited, 2020 FCA 94

Justice de Montigny; Justice Woods; Justice Laskin - 2020-05-26

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This appeal concerns an application by Bedessee Imports Ltd. (Bedessee) for an order expunging the trademarks HORLICKā€™S and HORLICKS (collectively, the HORLICKS Marks) from the register of trademarks kept under the Trademarks Act, R.S.C. 1985, c. T-13 (Act). The application was dismissed by the Federal Court (2019 FC 206) and Bedessee has appealed. In this Court, the questions are whether the Federal Court erred in concluding that Bedessee failed to demonstrate that, at the relevant date, the HORLICKS Marks were not distinctive and that they had been abandoned. ... As to the effect of assignments, the question is whether the public would believe that HORLICKS Products that originate with an assignee were actually derived from a prior trademark owner. This cannot be inferred from the assignments themselves.

Decision relates to:

 

Canadian Intellectual Property