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You are here: Home / Business / IP monitor: Trademarks unlimited provincially

By Occasional Contributors | < 1 Minute Read October 22, 2014

IP monitor: Trademarks unlimited provincially

In a recent summary judgement decision with respect to trade mark infringement Driving Alternative Inc v. Keyz Thankz Inc 2014 FC 559, the Federal Court of Canada decided that the Federal limitation period of six years applied to this trade-mark infringement which occurred in Ontario because the evidence of the Plaintiff established that the activities of the Defendants have caused damage to the Plaintiff beyond Ontario, including confusion in Alberta.
The Federal limitation period applies where the “cause of action”: arose otherwise than in a single Province and the Federal Court held that the cause of action included the damage suffered by a party, not just the act that caused the damage.
Moreover, the Court agreed with the Plaintiff that it seems unjust to bar, by way of a provincial statute of limitations, national trade-marks rights of the Plaintiff.
This case is significant given the trend provincially to reduce limitation periods generally to two years in most cases. Given the reasoning in Driving Alternative, most acts of trade-mark infringement even if occurring within a single Province will cause damage nationally and therefore enjoy the benefit of a six year limitation period, not the two year period prescribed provincially.
By Brian W. Gray
Republished with permission from Norton Rose Fulbright LLP

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Article by Occasional Contributors / Business / activities of the Defendants have caused damage, cause of action, confusion, Driving Alternative Inc v. Keyz Thankz Inc, Federal Court of Canada, Federal limitation period of six years applied to trade-mark infringement, law, legal, limitation period, trade mark infringement

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About Occasional Contributors

In addition to our regular guest bloggers, First Reference Talks blog published by First Reference, provides occasional guest post opportunities from various subject matter experts on the topics of human resources, employment/labour law, internal controls, information technology, not-for-profit, business, privacy, tax, finance and accounting, and accessibility in Canada among others. If you are a subject matter expert and would like to become an occasional blogger, please contact us. If you liked this post, subscribe to First Reference Talks blog to get regular updates.

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