A recent decision of the Federal Court illustrates the
importance of clearly understanding the nature of a business
venture and the ownership and use of related intellectual property.
In most cases, independent advice from a knowledgeable lawyer will
be required so the necessary agreements and licences can be put in
place. As said by Robert Frost "Good fences make good
neighbors" and good neighbors respect each other's
property. In this case, if the parties to the dispute took this
step, they could have avoided the expense and uncertainty of
litigation.
The Facts
In June 2015, B launched his own commercial realty brokerage
business using a corporation in Montréal in association with
the trademark and trade name, CORE REALTY CONSULTANTS. Trademark
registrations were obtained for the word mark and a design mark. In
October 2015, B approached his good friend S to discuss a business
arrangement. The arrangement involved S opening a commercial realty
brokerage in
