Decision

Boulangerie Vachon Inc. v. Racioppo, 2021 FC 308

Justice McHaffie - 2021-04-09

Read full decision. Automatically generated summary:

At issue in this summary trial is whether the defendants’ use of the trademark HOSTESS on bread products contravened the registered trademark rights of Boulangerie Vachon Inc/Vachon Bakery Inc in the trademark HOSTESS, used and registered in association with cakes. I conclude that it did. Considering the factors relevant to the assessment of confusion—including notably the effectively identical marks, the similarity of the wares, and the way in which they are sold—I find the defendants’ use of HOSTESS in association with bread products would likely lead to the inference those products were sold by the owner of the registered HOSTESS trademark, Vachon Bakery. ... In reaching these conclusions, I reject the defendants’ arguments that the HOSTESS trademarks have been rendered non-distinctive; that the absence, and in one case removal, of “bread” from Vachon Bakery’s trademark registrations permits the defendants to use the HOSTESS mark on bread products; and that statements made by a representative of Saputo Bakery (the former name of Vachon Bakery) provide a defence to the asserted infringement. In my view, none of these arguments affects the validity or enforceability of the HOSTESS trademarks. I also conclude the defendants have not established they have enforceable rights to prevent the plaintiffs from selling bread under the HOSTESS trademark.

Decision relates to:

  • T-1762-17 - BOULANGERIE VACHON INC./VACHON BAKERY INC. ET AL v. SILVANO RACIOPPO ET AL

 

Canadian Intellectual Property