Decision

Patagonia, INC. v. Labatt Brewing Company Limited, 2024 FC 920

Justice Pentney - 2024-06-17

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The court case involved an appeal by the Applicant regarding the Registrar of Trademarks' decision to maintain the registration for a trademark used for beer. The Applicant claimed that the Registrar erred in maintaining the registration due to insufficient evidence provided by the Respondent. The court found that the Registrar did not make any overriding errors and that there was sufficient evidence to support the decision. The court dismissed the appeal, stating that the Registrar's conclusions were adequately supported by the evidentiary record. The issues raised in the case were analyzed under the standard of "palpable and overriding error" for questions of fact and mixed law and fact. The court concluded that the case did not involve any extricable legal issues and upheld the decision to maintain the trademark registration.

Decision relates to:

  • T-1483-22 - PATAGONIA INC v. LABATT BREWING CO. LTD.

 

Canadian Intellectual Property