Dragona Carpet Supplies Mississauga Inc. v. Dragona Carpet Supplies Ltd., 2023 FCA 228

Justice Stratas; Justice Webb; Justice Rennie - 2023-11-22

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Dragona Mississauga commenced an action in the Federal Court seeking a declaration that the respondents had passed off its trademark, contrary to both the common law and subsection 7(b) of the Trademarks Act, an injunction and damages. Dragona Scarborough and FlooReno counterclaimed, seeking damages and an expungement of the appellant’s registered marks. ... I would dismiss the appeal. The conclusions reached by the Federal Court [see 2022 FC 1042] were supported by the evidence and no legal error has been demonstrated in the application of the law to the facts. However, in order to better understand this disposition, and as the challenges to the findings of goodwill, the existence of an oral licence and control under subsection 50(1) of the Act raise questions of law and mixed fact and law, a somewhat more extensive review of the findings of the Federal Court is necessary to frame the legal issues.

Decision relates to:


Canadian Intellectual Property