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:
The board was set up in 2003 to hear appeals against decisions of the registrar under the Trade Marks Act, 1999, and the Geographical Indications of Goods (Registration and Protection) Act, 1999.
Non-IPC Offence Punishable Up To Three Years Non-Bailable Because It Is Possible To Impose Sentence of Exact Three Years For Such Offences:Bombay High Court livelaw.in - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from livelaw.in Daily Mail and Mail on Sunday newspapers.
Bombay high court (File photo)
MUMBAI: Bombay high court has held that offences of infringement of copyright under Copyright Act and of falsely applying any trademark under the Trade Marks Act are non bailable offences as the punishment attracted is up to three years and can be exact three years.
Justice Sarang Kotwal had raised a legal question as to whether these offences punishable with up to three years imprisonment were bailable or non-bailable. The first point which the high court considered was whether offences under section 63 of Copyright Act (infringement of copyright) and section 103 of TM Act (false application of TM) which are not in the Indian Penal Code (IPC) but attract up to three years imprisonment are non-bailable or ‘bailable’. The high court held both these offences to be non-bailable .