Wanakome Inc. v. Martin
WANAKOME INC.
Law Firm / Organization
Borden Ladner Gervais LLP (BLG)
ERIC MARTIN
KARA MARTIN
PARK ENTERPRISES WORLDWIDE INC.

The case Wanakome Inc. v. Martin involves a dispute over the trademark "WANAKOME" and related intellectual property issues, centered around the use and ownership of this mark and the associated "wanakome mountain" logo. Here's a concise summary of the main legal points and findings:

  • Parties Involved: Wanakome Inc., a Canadian corporation, versus Eric Martin, Kara Martin, and Park Enterprises Worldwide Inc., all based in the U.S.
  • Trademark and Copyright Dispute: The lawsuit focuses on the ownership and rights associated with the unregistered "WANAKOME" trademark and the copyright of an artistic work used as the Wanakome logo.
  • Business Relationships and Operations:
    • The Martins and their company, Park, were involved in the sale and marketing of clothing bearing the WANAKOME mark.
    • A falling out occurred between the parties leading to disputes over intellectual property ownership and rights.
  • Judicial Findings:
    • The court did not find sufficient evidence to conclude that Wanakome Inc. solely owned the rights to the WANAKOME trademark or that all uses of the mark were attributable to Wanakome Inc.
    • The copyright registration for the Wanakome logo was not expunged, indicating insufficient grounds to challenge its validity.
    • The court ultimately dismissed Wanakome Inc.'s claims due to lack of conclusive evidence regarding sole ownership and rights use.
  • Court's Decision: The action by Wanakome Inc. was dismissed, and the company did not succeed in proving it was the sole proprietor of the intellectual property in question. The judgment did not specify costs
Federal Court
T-609-20
Intellectual property
Defendant
04 June 2020