ARTICLE · 05 AUGUST 2019

Marketplace Reality And Infringement

Goldman Sloan Nash & Haber LLP

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A recent decision of the Federal Court emphasizes the need for evidence of actual confusion in an action for infringement.

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A recent decision of the Federal Court emphasizes the need for evidence of actual confusion in an action for infringement.

The Facts

Loblaws Inc. (Loblaws) brought an action against Pampered Chef Ltd. and related corporations (Pampered Chef) in the Federal Court for trademark infringement.

Loblaws owns the following registered trademarks:

(a). the word mark PC, registered for use with (1) food and kitchenware products, and (2) the operation of a reward incentive program for points which can be redeemed for various products (the PC Word Mark);

(b). the design mark (see ) registered for use with (1) food and kitchenware products and (2) the following services: cooking school services, application for digital electronic devices and mobile phones for viewing recipes and nutritional information, and operating a reward incentive program for points.

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