In Enbridge, Inc. v. Excelerate Energy, LP (Opp. No. 91170364) , the Trademark Trial and Appeal Board (“TTAB”) unanimously denied the motion for summary judgment brought by Opposer Enbridge, Inc. (“Enbridge”) based on fraud. The TTAB found that there was not “clear and convincing” evidence that Applicant Excelerate Energy, LP (“Excelerate”) intended to deceive the USPTO. (more…)
Posts Tagged ‘Summary Judgment’
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FC Grants Summary Judgment in Passing-Off Case
In 2045978 Ontario Inc. (Chaps The Original) v. Chaps Aldershot (2009 FC 872), the Federal Court allowed a motion for summary judgment in a dispute between two restaurant owners. The Court held the evidence clearly indicated infringement and passing-off by defendant Chaps Aldershot, as defined by ss. 19, 20 and s.7(b) of the Trade-Marks Act, respectively. (more…)
FC Refuses s.8 PMNOCR Summary Judgment where Construction of Regulatory Scheme Unsettled
In Apotex Inc. v. Pfizer Canada Inc. (2009 FC 631), the Federal Court (FC) dismissed Pfizer Canada Inc.’s (Pfizer) motion for summary judgment. Due to the complicated statutory interpretations of s.8 of the Patented Medicines (Notice of Compliance) Regulations (PMNOCR), summary judgment had never been granted in the past. The issue was whether Apotex’s Statement of Claim failed to disclose a genuine issue for trial so that summary judgment should be granted. In particular, whether Pfizer’s application for an order of prohibition caused any damages allegedly suffered by Apotex, such that Pfizer is liable under s.8 of the PMNOCR. The question of whether the outcome of any proceeding could be considered when determining whether Pfizer’s had wrongly delayed Apotex’s generic drug approval weighed against summary judgment. (more…)
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