Dermaspark Products Inc. Pollogen Ltd. v. Aveena Cosmetic Clinic Inc. Fatemah Fakourna, 2025 FC 979
Justice Duchesne - 2025-06-02
Read full decision. Automatically generated summary:
The Plaintiffs have brought of a motion for default judgment against the Defendants pursuant to Rule 210. For the reasons that follow, the Plaintiffs’ motion is dismissed, and the action will proceed to trial pursuant to Rule 210(4)(c) of the Rules. ... Identifying trademark registrations by their number and alleging ownership of the trademarks purportedly registered in a trademark registration bearing the identified registration number in an affidavit without providing any additional documentary information supporting the affidavit narrative evidence does not establish trademark ownership on a motion for default judgment. ... While these exhibits reflect the use of “OxyGeneo” in Canada by at least January 27, 2019, they shed no greater or determinative light on the identity of the owner of the right to use the “OxyGeneo” trademark in Canada as it appears on the archived webpage. ... Considering the foregoing, I must conclude in light of the evidence led by the Plaintiffs on this motion and in this proceeding as to trademark ownership that they have not led sufficient evidence to establish that Pollogen has ownership rights to any of the trademarks as claimed in this proceeding.
Decision relates to:
- T-1412-24 - DERMASPARK PRODUCTS INC ET AL. v. AVEENA COSMETIC CLINIC INC. ET AL.