Decision

Sim & McBurney v. En Vogue Sculptured Nail Systems Inc., 2021 FC 172

Justice Fuhrer - 2021-02-22

Read full decision. Automatically generated summary:

The trademark EN VOGUE Design is registered in Canada under Registration No. TMA789,288 dated February 1, 2011 ... In the decision that issued (2020 TMOB 9), the Hearing Officer noted that Ms. Rushworth did not correlate the Goods with any of the items shown in the photos, product catalogue or invoices. ... The Hearing Officer was not prepared to find, however, that the inclusion of the words “en Vogue” next to certain items listed in the invoices, in and of itself, established use of the Design Mark in association with those items. ... For the reasons that follow, I dismiss this appeal. ... More specifically, I find the Registrar made acceptable inferences regarding en Vogue’s use of the Design Mark in Canada based on en Vogue’s evidence as a whole, rather than impermissible speculation as argued by the Applicant.

Decision relates to:

  • T-435-20 - SIM & MCBURNEY v. EN VOGUE SCULPTURED NAIL SYSTEMS INC.

 

Canadian Intellectual Property