2021 offered many lessons to Canadian trademark owners including: reminders of the challenges of enforcing inherently weak trademarks and the importance and benefits of registering IP.
Introduction
On 15 February 2021 the Federal Court of Appeal dismissed an appeal of the Federal Court s trial decision in
Loblaws Inc v Columbia Insurance Company (2019 FC 961). Pampered Chef, a Berkshire Hathaway company and a world leader in premium kitchenware products, had previously successfully defended a claim brought by Canada s largest retailer, Loblaws, for:
trademark infringement;
dilution and depreciation of goodwill.
The claim concerned Pampered Chef s use of a trademark that included the letters P and C (for further details please see Pampered Chef succeeds in trademark infringement battle ).
Facts
In the 1980s Loblaws launched its private label brand, President s Choice
, and the companion brand PC in connection with food and grocery products. Over time, Loblaws s use of the PC mark expanded into a range of products and services, including:
PC v PC: Smart & Biggar prevails in dismissal of appeal on behalf of Pampered Chef | Smart & Biggar jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
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On February 15, 2021, the Federal Court of Appeal issued its
decision dismissing an appeal from the Federal Court s trial
decision in
Loblaws Inc v Columbia Insurance Company, 2019
FC 961. As previously reported, Pampered Chef, a
Berkshire Hathaway company and a world leader in the sale of
premium kitchenware products, successfully defended a claim for
trademark infringement, passing off, and dilution/depreciation of
goodwill brought by Canada s largest retailer, Loblaws Inc.
( Loblaws ), in relation to its use of a trademark that
includes the letters P / C . Pampered Chef was