From Reel to Real: The Importance of Prior Use Evidence in Passing Off Cases
On January 3, 2025, the Federal Court (per McVeigh J) dismissed an application alleging passing off of the unregistered trademark “Indican Pictures” because the Applicant did not establish use of its mark prior to the Respondent beginning to use its allegedly confusing marks. 2K4 Inc. (Indican Pictures) v. Indiecan Entertainment Inc., 2025 FC 20 Background […]
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