10 Jan 2022
Mainstreet Equity Corp. v. Canadian Mortgage Capital Corporation
Mainstreet Equity Corporation claims trademark infringement by the Defendants. The Trademark Opposition Board rejected the Defendant's similar design registration. Mainstreet seeks invalidation of Atrium's trademark, injunction, damages, and punitive damages. The Defendants argue their trademark is valid, causing no confusion or passing off. The court dismissed Mainstreet's action against the Defendants, finding no likelihood of confusion between the marks and rejecting expungement of Atrium's trademark. Mainstreet was ordered to pay a lump sum of $50,000 in costs to the Defendants, along with reasonable disbursements. If the parties could not agree on the disbursement amount within 14 days, they could request an assessment.
