First Impression for Internet Confusion Occurs At Search Results Page – BCCA

On January 26, 2017, the BCCA granted Vancouver Community College's appeal and held that it's passing off claim against Vancouver Career College had been established. The BCCA also remitted Vancouver Community College's claim of breach of official marks to the trial court for fresh determination.

Vancouver Community College alleged passing off by Vancouver Career College through the use of it's official mark "VCC" in Vancouver Career College's domain name and internet advertising. Vancouver Community College also alleged the wrongful use of its official mark, "VCC", contrary to subsection 9(n)(iii) of the Trade-marks Act. The trial judge dismissed the action, holding that none of the three requirements for passing off (goodwill, confusion and damage) had been established and that Vancouver Career College's use of "VCC" prior to it becoming an official mark allowed for continued use (see our previous blog post here).