A recent decision of the Federal Court relates to a
claim for passing off and considers the effect of the expungement
of the plaintiff's registered trademark in this context.
The Facts
As a result of several transactions that occurred in 1979, the
ownership of the SPEED QUEEN mark was split between unrelated
entities in Canada and the United States. The Canadian SPEED QUEEN
mark has been owned by Whirlpool Canada LP (the
'Plaintiff") since 2004. The mark is owned by Alliance
Laundry Systems LLC (the "Defendant") in the United
States and the rest of the world.
In 2011, the Defendant initiated a proceeding under section 45
of the Trademarks Act, requiring the Plaintiff to show the use of
the trademark in Canada during the three-year period immediately
preceding the date of the notice (October 2008 to October 2011).
The Registrar of Trademarks found that the Plaintiff had used its
trademark during the three-year period. This decision was upheld by
the Federal Court
