Decision

Legal Shield Inc. vs. Cabinet SOS Lex inc., 2021 QCCS 417

2021-02-04

Read full decision. Summary prepared by Alan Macek:

Under the terms of this contract, Bouclier and Munoz sell the name, logo and any element related to the corporate image of SOS Ticket, including the trademarks "WWW.SOS TICKET.CA (& DESIGN)" and "SOS TICKET", in accordance with the confirmation of assignment of trademarks signed concomitantly. ... CIPO confirms the change of title, so that SOS Lex is registered as the owner of the trademarks, including that of "GROUPE SOS", which was not to be the subject of the assignment. ... During the period during which the trade-mark was registered as belonging to SOS Lex, that is from March 2018 to June 2019, the applicants continued to use the trade-mark. There is no proof of use of this trademark by Me Rassam or by SOS Lex nor of the intervention of third parties claiming rights in this regard. Thus, the applicants suffered no prejudice as a result of the erroneous transfer. (based on a translation)

 

Canadian Intellectual Property