A decision of the Federal Court deals with who is entitled to
use and register a trademark/tradename. Norsteel Building
Systems Ltd. v. Toti Holdings Inc. 2021 FC 927.
The Facts
The applicant was incorporated in British Columbia in 1992.
Since its incorporation, the applicant has operated primarily under
the tradename/trademark NORSTEEL as a designer and seller of
pre-engineered steel buildings and related components, including
foundations. In addition, the applicant has provided engineering,
steel erecting, project management, and construction services that
typically accompany the sale of its pre-engineered steel
buildings.
The respondent was incorporated in Ontario on September 27,
2006, as a holding company. Its operating company was incorporated
on March 26, 2001. The business of the operating company since its
incorporation was and continues to be the design, engineering,
manufacture, fabrication and sale of pre-engineered steel/metal
buildings in
