TRADE MARKS |
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Standard Knitting Ltd. v. Toyota Jidosha Kabushiki Kaisha
T-1633-99
Pinard J.
24/8/00
4 pp.
Motion for summary judgment based on claim of trade mark infringement under Trade-marks Act, s. 19--S. 19 providing registration of trade mark in respect of any wares, services giving owner exclusive right to use throughout Canada of trade mark in respect of those wares, services--Plaintiff owner of trade mark "Tundra" in association with clothing items including jackets, shirts--Defendants using marks "Toyota Tundra Design", "Toyota Tundra & Design"on promotional items including melton leather jacket, windbreaker jacket, twill shirt, turtleneck shirt, fleece vest aimed at purchasers of "Toyota Tundra" truck--S. 19 limited to cases in which person using registered mark identical to registered trade mark for same wares or services as registered mark--Plaintiff submitting use by one person of two different marks as composite mark, where one of individual marks registered for benefit of different person and where latter mark and composite mark used in association with identical wares, constituting infringement under s. 19--As no case cited in support of proposition, and given difference between plaintiff's mark, defendants' composite mark, merits of proposition doubtful--But Court not satisfied no genuine issue to be addressed at trial--Motion dismissed--Trade-marks Act, R.S.C., 1985, c. T-13, s. 19 (as am. by S.C. 1993, c. 15, s. 60).