Decision

Geox S.P.A. v. De Luca, 2021 FCA 178

Justice Pelletier; Justice Gauthier; Justice Locke - 2021-09-13

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Geox appeals a Federal Court decision (2018 FC 855) dismissing its appeal of a decision by the TMOB. In its said decision (2017 TMOB 124), the TMOB amended the registration of the trademark ANFIBIO & Design, owned by Giuseppe De Luca, deleting the goods “shoes”, but maintaining the goods “boots” pursuant to subsection 45(3) of the Trademarks Act. Geox argues that the Federal Court made a palpable and overriding error in its interpretation of the licence agreement between Giuseppe De Luca and Chaussures De Luca Montréal Inc., given that it did not explicitly authorize the Licensee to use a variant, however slight it may be, of the registered trademark. ... Having considered the evidence before the TMOB, I have not been persuaded that either the TMOB or the Federal Court made any palpable and overriding error that could justify our Court’s intervention.

Decision relates to:

 

Canadian Intellectual Property