Federation of Asian Canadians Toronto v. Asialicious Holdings Inc., 2026 FC 495
Justice Manson - 2026-04-14
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Issues: Competing passing off claims under paragraphs 7(b) and 7(c) of the *Trademarks Act* and at common law regarding the trademark/trade name ASIALICIOUS used in connection with Asian food and cultural events in the Greater Toronto Area. Result: The plaintiff succeeded in part. Passing off under paragraph 7(b) was established against all defendants based on their commencement of public use of ASIALICIOUS in February 2020, after the plaintiff had established goodwill and distinctiveness through its August 2019 event. The paragraph 7(c) claim failed on the evidentiary record. The defendants' counterclaim was dismissed, as they failed to prove ASIALICIOUS had acquired distinctiveness in association with their services prior to the plaintiff's adoption of the mark. Key Finding: Priority of use and established goodwill were determinative. The plaintiff's 2019 use preceded the defendants' February 2020 use, defeating the counterclaim.
Decision relates to:
- T-1346-21 - Federation of Asian Canadians Toronto v. Asialicious Holdings Inc. et Al.