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ARTICLE · 06 DECEMBER 2017

Leave To Appeal Denied In "Perks" Trademark Case

Smart & Biggar
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Vennego, the owner of a family of registered trademarks ending in "PERKS" brought an action for trademark infringement against Concierge Connections Inc. and its directors for using the registered trademark...

CanadaIntellectual Property
Bereskin & Parr LLP
Bereskin & Parr LLP
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Vennego Inc. v. Concierge Connection Inc., 2015 FC 1338

Vennego, the owner of a family of registered trademarks ending in "PERKS" brought an action for trademark infringement against Concierge Connections Inc. and its directors for using the registered trademark PERKOPOLIS in connection with providing discount, benefit and incentive programs to Canadian companies and professional organizations. Vennego further alleged the Defendants made false and misleading statements discrediting Vennego's business, committed the tort of passing off and depreciated their goodwill contrary to sections 7(a), 7(b) and 22 of the Trade-marks Act.

At trial, the judge dismissed the action as against Concierge's directors, finding there was no evidence to support personal liability.1 The Court dismissed the claim of false and misleading statements under s. 7(a) for want of evidence.2 Likewise, Vennego's speculative evidence did not demonstrate actual or potential damages required to

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