Facts: The dispute arose between two businesses run by separate branches of an extended family over the use of the "DRAGONA" trademark. Dragona Mississauga, managed by Talal Issawi, and Dragona Scarborough, managed by Talal’s nephews, Abad and Jamal Hamam, contested the validity and enforcement of a memorandum of understanding (MOU) and alleged license agreements regarding trademark usage.
Issues/Main Discussion: The primary issue was whether Dragona Mississauga had rights to the "DRAGONA" trademark based on previous use and registrations, against Dragona Scarborough's claim for expungement of these trademarks due to prior use and alleged agreements.
Ruling: The court found the passing off claim suitable for summary trial and decided that the expungement of contested trademarks was appropriate, as Dragona Scarborough had used the DRAGONA Trademark previously for the same goods and services.
Amount Awarded: Not applicable; the focus was on trademark rights and expungement rather than a financial award.
