Case information
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39905
Geox S.P.A. v. Giuseppe De Luca
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-04-01 | Close file on Leave | |
| 2022-03-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-03-24 | Judgment on leave sent to the parties | |
| 2022-03-24 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-299-18, 2021 FCA 178, dated September 13, 2021, is dismissed with costs. Dismissed, with costs |
|
| 2022-03-24 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2022-02-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-02-21 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-01-27 | Applicant's reply to respondent's argument, (Letter Form), Will not be filing a reply, Completed on: 2022-02-18, (Printed version due on 2022-02-03) | Geox S.P.A. |
| 2022-01-25 | Certificate (on limitations to public access) | Giuseppe De Luca |
| 2022-01-17 |
Respondent's response on the application for leave to appeal, (Book Form), Required: -Proof of service (rec'd 2022-01-25) -Form 23A (rec'd 2022-01-25) , Completed on: 2022-02-18, (Printed version filed on 2022-01-19) |
Giuseppe De Luca |
| 2021-12-15 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-01-10 | Geox S.P.A. |
| 2021-12-10 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-12-10 | |
| 2021-12-08 | Certificate (on limitations to public access), 23A | Geox S.P.A. |
| 2021-11-12 |
Application for leave to appeal, (Book Form), Require: -Motion to extend time to file and serve an application rec'd on 2021-12-15 -Proof of service of the Certificate of counsel - 23A rec'd on 2021-12-15 , Completed on: 2022-01-10, (Printed version filed on 2021-11-15) |
Geox S.P.A. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Geox S.P.A. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| De Luca, Giuseppe | Respondent | Active |
Counsel
Party: Geox S.P.A.
Counsel
Meika C. Ellis
Howard Knopf
11 Holland Avenue, Suite 601
Ottawa, Ontario
K1Y 4S1
Telephone: (613) 236-1995
FAX: (613) 236-2485
Email: TBourne@ridoutmaybee.com
Party: De Luca, Giuseppe
Counsel
Lise A. Gagnon
500 Place d’Armes
Suite 2314
Montréal, Quebec
H2Y 2W2
Telephone: (514) 284-0860
FAX: (514) 843-7990
Email: fiezzoni@pateras-iezzoni.com
Summary
Keywords
Intellectual property — Trademarks — Whether courts should construe ambiguities in a trademark licence against the licensor and registrant — Whether use of a variant under a trademark licence is a fundamental term that should not be implied by the licensing parties.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Guiseppe De Luca is the owner of Canadian trademark registration No. TMA 375,888 for the trademark ANFIBIO & Design (“Mark”). At the request of Geox S.p.A., the Registrar of Trademarks amended the registration to delete the goods category “shoes” from the statement of goods, but was satisfied that the Mark had been used in association with the goods category “boots” within the three years preceding the notice sent pursuant to s. 45 of the Trademarks Act, R.S.C. 1985, c. T 13. Even though there were differences between the registered Mark and the variant on the mark that the licensee had used, the variant was recognizable as the Mark.
The fact that Mr. De Luca’s exclusive licensee had not been expressly permitted to use a variant of the Mark was not fatal since the variant used was the same trademark. The copyright notices on the licensee’s website did not affect the Mark’s validity, even though they referred to a third party.
Geox’s application for judicial review was dismissed. Geox’s appeal was also dismissed.
Lower court rulings
Federal Court
2018 FC 855, T-1813-17
Application for judicial review dismissed
Federal Court of Appeal
2021 FCA 178, A-299-18
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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