996660 Ontario Ltd v. Falesca Importing Ltd, 2026 FC 114
Justice Furlanetto - 2026-01-26
Read full decision. Automatically generated summary:
This is an appeal under section 56 of the Trademarks Act of a decision of the TMOB rejecting the Applicant, 996660 Ontario Ltd, trading as Molisana Imports’ [MI], opposition [see 2024 TMOB 41]. ... In its decision, the TMOB found there was no confusion between the proposed FALESCA MOLISANA mark and MI’s trademarks. The common element between the parties’ trademarks (“Molisana”) was a geographic descriptor with no inherent distinctiveness and had also been used extensively by at least one other trader, using the trademark LA MOLISANA) in the Canadian marketplace for similar goods, sold through the same channels of trade. ... For the reasons set out below, MI has failed to establish there is either an error of law or a palpable and overriding error in the TMOB’s decision. As such, the appeal is dismissed.
Decision relates to:
- T-1016-24 - 996660 ONTARIO LTD T/A MOLISANA IMPORTS v. FALESCA IMPORTING LTD.