PDM and GMBH v. Brewdog PLC, 2024 FC 891
Justice Tsimberis - 2024-06-12
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The court upheld the decision of the Trademarks Opposition Board to refuse the Applicant's trademark application for BLACK PUNK due to the likelihood of confusion with the Respondent's previously used trademark PUNK. The Board found that the Respondent had established prior use of their trademark in Canada and that the Applicant failed to prove there was no reasonable likelihood of confusion. The Applicant's appeal seeking registration of the BLACK PUNK trademark was dismissed, and costs were awarded to the Respondent. The court found no palpable and overriding errors in the Board's decision, maintaining that the new evidence submitted by the Applicant was immaterial. Legal issues addressed included trademark confusion and the burden of proof in trademark opposition cases.
Decision relates to:
- T-1625-22 - PDM PARTHIAN DISTRIBUTER & MARKETING ADVISER GMBH v. BREWDOG PLC