Trade-Marks
Infringement
Application under Trade-marks Act, R.S.C., 1985, c. T-13 s. 53.2 for inter alia declaration applicant owner of unregistered trade-mark “PharmaCommunications”— Applicant asserting ownership of unregistered trade-mark since 1995, use by predecessor corporations since 1982—Licensing mark to PGI, related company, for use in relation to marketing—Alleging respondents violating Act, s. 7(b) by carrying on same business as applicant, using name “Pharmacomm” that is confusingly similar to applicant’s alleged trade-mark—Whether respondents liable for statutory passing off—S. 7(b) equivalent statutory expression of common-law tort of passing-off— Requiring proof of possession of valid, enforceable trade-mark, whether registered, unregistered as well as three necessary passing-off components: (a) existence of goodwill; (b) deception of public due to misrepresentation; and (c) actual or potential damage to plaintiff—Applicant clearly not establishing actual or potential damage— Application dismissed.
Pharmacommunications Holdings Inc. v. Avencia International Inc. (T-2278-06, 2008 FC 828, Frenette D.J., order dated July 2, 2008, 23 pp.)