Hidden Bench Vineyards & Winery Inc. v. Locust Lane Estate Winery Corp., 2021 FC 156
Justice Southcott - 2021-02-17
Read full decision. Automatically generated summary:
The parties to this matter are two companies that operate wineries on adjacent properties on Locust Lane, in Beamsville, Ontario. The Applicant, Hidden Bench Vineyards & Winery Inc., has been in business since 2003 and sells a variety of wines (and related services), some of which are labelled and marketed in a manner that employs the words “Locust Lane”. The Respondent, Locust Lane Estate Winery Corp., founded its winery in 2019 and uses the name “Locust Lane Estate Winery” to label and market its wines and related services. As a result, Hidden Bench brought the within application seeking a declaration that it is the owner of the unregistered trademark LOCUST LANE and seeking various forms of relief for alleged passing off by LLEW in contravention of ss 7(b) and (c) of the Trademarks Act ... In summary, the evidence adduced is not sufficient for Hidden Bench to surmount the heavy onus it bears to establish that, from the perspective of the consumer, its descriptive marks have acquired a secondary meaning so as to make them distinctive of Hidden Bench’s goods and services.
Decision relates to:
- T-408-20 - HIDDEN BENCH VINEYARDS & WINERY INC. v. LOCUST LANE ESTATE WINERY CORP.