- Parties: The plaintiff/defendant by counterclaim was Naked Whey, Inc. o/a Naked Nutrition. The defendant/plaintiff by counterclaim was N8ked Brands Inc.

- Subject Matter: The plaintiff filed an amended notice of motion alleging under ss. 18 and 57 of the Trademarks Act, 1985 that Canadian Trademark Registration No. TMA933359 for the trademark N8KED should be struck from the Trademark Register for being invalid and void ab initio. The notice also claimed that the defendant made false or misleading statements tending to discredit the plaintiff’s business, goods, or services under s. 7(a) of the Trademarks Act, among other claims.

- Ruling: The court ruled in the plaintiff’s favour. The court granted the plaintiff’s motion relating to its claim that the registered mark N8KED was invalidly registered due to a materially false declaration of use but otherwise dismissed the motion’s claims. The court held that the plaintiff’s claims under ss. 7(a), 7(b), and 7(d)(i) of the Trademarks Act could proceed to trial under r. 210 (4)(c) of the Federal Courts Rules, SOR/98-106. The court designated Exhibit E to Stephen Zieminski’s affidavit sworn Oct. 25, 2022 as confidential and sealed that portion of the affidavit subject to any further court order.

- Date: The hearing was set on July 25, 2023. The court released its decision on Aug. 4, 2023.

- Venue: This was a federal case before the Federal Court.

- Amount: The court awarded the plaintiff costs of $5000.