Trademarks Decision

Appeal of Federal Court's decision upholding Board's finding of confusion dismissed
U-haul International Inc. v. U Box It Inc., 2017 FCA 170

The Court of Appeal dismissed U-Haul's appeal of the Federal Court's decision, which upheld the Opposition Board's decision allowing the opposition of U-Haul's two trademark applications of U-BOX and U-BOX WE-HAUL. The Board determined that U-Haul had failed to show that its two trademarks were not confusing with U Box It Inc.'s trademark, U BOX IT. On appeal, the Federal Court refused to conduct a de novo review as the new evidence would not have made a material difference in the Board's findings of fact or exercise of discretion. The Federal Court also concluded that the Board's finding of confusion was reasonable (see 2015 FC 1345, our summary here)

In the present appeal, U-Haul submitted that the Federal Court erred by not conducting a de novo analysis and upholding the Board's conclusion of confusion. The Court of Appeal found that the new evidence merely supplemented or confirmed the findings of the Board. The Court of Appeal also concluded that the Board's finding of confusion was reasonable, and that it was not appropriate to conduct a re-weighing exercise in this case.

Industry Updates

Health Canada published a Notice — Publication of the Health Canada Guidance Document: Use of Certificates of Suitability as supporting information in Drug Submissions.

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Authors

Chantal Saunders 
CSaunders@blg.com
613.369.4783

Beverley Moore 
BMoore@blg.com
613.369.4784

Adrian J. Howard 
AJHoward@blg.com
613.787.3557

Other Author

Jillian Brenner

Expertise

Intellectual Property
Copyright
Licensing
Patents
Trademarks