Mainstreet Equity Corp. v. Canadian Mortgage Capital Corporation, 2022 FC 20
Justice Pentney - 2022-01-10
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The Plaintiff, Mainstreet Equity Corporation, claims that the Defendants are violating its trademarks by using their registered trademark as well as related unregistered marks. Mainstreet argues that this is particularly egregious, because in an earlier proceeding, the Trademark Opposition Board (TMOB) refused the application by one of the Defendants, the Canadian Mortgage Capital Corporation (CMCC), to register a design that is virtually identical to the one it is now using. This refusal was based on Mainstreet’s objection that the two designs were confusing. Prior to the TMOB decision on Mainstreet’s objection, the Defendant Atrium applied to register a trademark using an identical design or logo as the one CMCC had previously tried to register (the Atrium Mark). The Atrium registration was granted in September 2016. ... The Defendants argue that there is no basis to question their trademark, because it is validly registered and there is no confusion caused by the two marks. It argues that there is no basis for any damages award or injunction, because there has been no passing off and its registration is a complete defence to any claim. For the reasons that follow, I am dismissing Mainstreet’s claim. I am not persuaded that there is a likelihood of confusion between the Marks, and thus the claim of passing off is not made out. I am also not persuaded by Mainstreet’s arguments that the Atrium Mark should be expunged from the register.
Decision relates to:
- T-2080-17 - MAINSTREET EQUITY CORP. v. CANADIAN MORTGAGE CAPITAL CORPORATION ET AL