- Parties: The appellants were Milano Pizza Ltd., Mazen Kassis, Marwan Kassis, Mahmoud Tabaja, Milano Baseline, and Joe Kassis. The respondents were 6034799 Canada Inc., Chadi Wansa, Youssef Zaher a.k.a. Joseph Zaher, and Yousef Nassar a.k.a. Joe Nassar.

- Subject Matter: The appellants filed an action for trademark infringement, passing off, and depreciation of goodwill. They alleged that the respondents contravened s.19 of the Trademarks Act, 1985 when it used the Milano design mark without authorization. The Federal Court dismissed this action. The Federal Court held that that the appellants’ registered design mark was invalid under s. 18(1)(b) of the Act because it was not distinctive and held that the appellants failed to demonstrate sufficient control over its licensees for the licensees’ use of the mark to be deemed use by the trademark owner under s. 50(1) of the Act. The appellants sought to overturn the Federal Court’s decision.

- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal with costs. It found no error of law or fact in the Federal Court’s determination that the purchasing requirement and the territory requirement were insufficient control for the appellants to benefit from s. 50(1).

- Date: The hearing was set on Apr. 27, 2023. The court released its decision on Apr. 27, 2023.

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

- Amount: No financial award was specified.