Telugu Association of North America v. Balina, 2024 FC 631
Justice Tsimberis - 2024-04-25
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This is an application brought by the Applicant, Telugu Association of North America, a not-for-profit corporation of the State of Maryland for monetary, declaratory, and injunctive relief for alleged trademark infringement, passing off, and depreciation of the value of goodwill contrary to sections 19 and 20, and subsections 7(b) and 22(1) of the Trademarks Act by the Respondent Telugu Association of North America, a Canadian federal corporation ... The Corporate Respondent was incorporated two months after [the individual respondent's] membership with the Applicant was terminated. ... Therefore, the Corporate Respondent has infringed upon the Applicant’s rights in its registered TANA trademark, contrary to section 19 of the Act. ... The Applicant’s TANA trademark has been registered in Canada for over 10 years and evidence shows that it has been in use in Canada for over 30 years in association with their social organization services ... In conclusion, all three elements of the passing off test have been met. ... In conclusion, this Court can order the Corporate Respondent to transfer the tana.live domain to the Applicant. ... I find that damages in the amount of $18,750 is reasonable.
Decision relates to:
- T-174-23 - Telugu Association of North America v. Ramakrishna Rao Surapaneni