Wanakome Inc. v. Martin, 2026 FCA 12
Justice Goyette; Justice Locke; Justice Roussel - 2026-01-21
Read full decision. Automatically generated summary:
The Federal Court [2024 FC 688] dismissed Wanakome's action seeking, among other things, 1) a declaration that it owned the unregistered trademark WANAKOME; 2) a declaration that the respondents engaged in unfair competition prohibited under subsections 7(b), (c) and (d) of the Trademarks Act; and 3) a declaration that the copyright in the WANAKOME logo registered to Park is invalid and should be expunged. ... The Federal Court did not commit any errors warranting intervention. It properly determined that it had jurisdiction to address the issue raised by the appellant with respect to ownership of the WANAKOME trademark, including its authority to interpret the contractual documents in evidence. ... As for the Federal Court’s conclusion that the evidence did not establish unfair competition, it was reached by applying the required legal tests and carefully reviewing the evidence ... Based on the evidence, the Federal Court found that Ms. Martin was the author of the logo and that the copyright in the artistic work was validly registered by Park on behalf of Ms. Martin
Decision relates to:
- A-193-24 - WANAKOME INC v. ERIC MARTIN et al. which is an appeal from 2024 FC 688 in T-609-20