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Intellectual Property Law - Trade-marks - Passing off and unfair competition - Confusion as to wares and services - Business trade name - Procedure - Appeals

Thursday, February 23, 2017 @ 7:00 PM  

Appeal by the plaintiff, Vancouver Community College, from dismissal of its passing off and official mark infringement action against the defendant, Vancouver Career College. The plaintiff was a public post-secondary education and the defendant was a private vocational institution. Their educational programs overlapped. The plaintiff’s claim sought damages with declaratory and injunctive relief arising from alleged actions by the defendant to direct online search traffic to its website. In 2009, the defendant adopted VCCollege as a new trade-mark and launched a new website at VCCollege.ca. The...