Hilton Worldwide Holding LLP v. Miller Thomson LLP, 2018 FC
895.
The Federal Court of Canada confirmed that trademark owners can
provide "hotel services" in Canada without operating a
hotel. Instead, ancillary hotel services provided over the Internet
can constitute trademark use as long as Canadians receive a
"meaningful benefit" from them.
The decision came in Hilton Worldwide Holding LLP v. Miller
Thomson LLP. The Canadian Trademark Opposition Board
("TOB") cancelled Hilton's Canadian registration for
WALDORF-ASTORIA covering hotel services at Miller Thomson's
request because Hilton did not operate a hotel by that name in
Canada. Instead, it operated a website—accessible to
Canadians—that allowed thousands of Canadian users to make
hotel reservations, claim discounts, and exercise loyalty
rewards.
