Tataryn v. Diamond & Diamond, 2021 ONSC 2624


Read full decision. Summary prepared by Alan Macek:

The Defendants move under Rule 21.01 of the Rules of Civil Procedure to strike out all or part of the Statement of Claim. ... “Diamond & Diamond” and “Diamond and Diamond” are likewise business names, not legal entities capable of being sued. They are also trademarks. As such, these too are not justiciable entities and are not proper Defendants hereto ... The named Defendant, 2398968 Ontario Inc., is the corporate owner of the “Diamond & Diamond” trademarks. Nothing in the Claim establishes any relationship between this company and the Plaintiff, and the pleading fails to reference any facts connecting them or creating a cause of action against the corporate trademark owner. It is well established in trademark jurisprudence that the owner of a mark is not legally responsible for torts allegedly perpetrated by its user ... Accordingly, 2398968 Ontario Inc. is not a proper Defendant hereto.


Canadian Intellectual Property