Plaintiff
Defendant
- Parties: The plaintiff/defendant by counterclaim was Enigmatus, s.r.o. The defendants were Playtika Ltd., Caesars Nteractive Entertainment LLC, and Playtika (Canada) Inc. The plaintiff by counterclaim was Playtika Ltd.
- Subject Matter: The plaintiff brought an action seeking expungement and alleging passing off. The issue was whether the defendant Playtika Ltd.’s registered trademark SLOTOMANIA was confusing with the plaintiff’s unregistered trademark SLOTOPOLY. The defendants filed a motion for summary trial.
- Ruling: The court ruled in the defendants’ favour, granted the defendants’ motion for a summary trial, dismissed the plaintiff’s action, and dismissed the defendants’ counterclaim. The court ordered the maintenance of the trademark registration for SLOTOMANIA, which would provide the defendants a complete defence to the plaintiff’s passing off claim. The court held that SLOTOPOLY and SLOTOMANIA were unlikely to be confused. The court found little resemblance between SLOTOPOLY and SLOTOMANIA aside from the initial prefix SLOT or SLOTO, which was neither mark’s most striking or dominant element. The court decided that SLOTOMANIA became much more widely known in Canada than SLOTOPOLY and overshadowed SLOTOPOLY’s modest prior use.
- Date: The hearing was set on June 27, 2023. The court released its decision on May 17, 2024.
- Venue: This was a federal case before the Federal Court.
- Amount: The court awarded the defendants total costs payable by the plaintiff in the amount of $507,460.62, comprising the lump sums of $445,804 for legal costs and $61,656.62 for reasonable disbursements.
Court
Federal CourtCase Number
T-2085-16Practice Area
Intellectual propertyAmount
$ 507,461Winner
DefendantTrial Start Date
02 December 2016Download documents