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ARTICLE · 23 APRIL 2020

Court Finds Written Licence Not Required To Maintain Trademark Control

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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This decision relates to a motion for a summary trial in respect of an action relating to various trademarks (the Marks).

CanadaIntellectual Property

This decision relates to a motion for a summary trial in respect of an action relating to various trademarks (the Marks). The Court was asked to consider three issues relating to whether the plaintiff is the owner and the person entitled to register the CORE CONSULTANTS REALTY trademark in association with commercial realty services in Canada; whether the defendants infringed the plaintiff's rights in a trademark registration for the CORE Logo; and whether the defendants should be enjoined from using the CORE CONSULTANTS REALTY trademark in association with commercial realty services in Canada. The motion was granted, and the defendants were permanently enjoined.

Beginning in 2015, the plaintiff began using a CORE Logo and CORE REALTY CONSULTANTS in association with his commercial realty brokerage business in Montréal. CORE REALTY CONSULTANTS was transitioned to CORE CONSULTANTS REALTY beginning in 2016. Applications to register the CORE Logo and CORE CONSULTANTS

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