DRAGONA CARPET SUPPLIES MISSISSAUGA INC v. DRAGONA CARPET SUPPLIES LTD et al
DRAGONA CARPET SUPPLIES MISSISSAUGA INC.
Law Firm / Organization
Bereskin & Parr LLP
Lawyer(s)

Joshua W. Spicer

DRAGONA CARPET SUPPLIES LTD.
Law Firm / Organization
MBM Intellectual Property Law
Flooreno Building Supplies Inc.
Law Firm / Organization
MBM Intellectual Property Law
**I. Overview** - Appellant Dragona Mississauga had initiated a legal action against respondents, alleging trademark infringement, and sought an injunction and damages. - The Federal Court had dismissed Dragona Mississauga's action and had allowed the respondents' expungement claim. **II. The Background** - Two separate businesses, Dragona Scarborough and Dragona Mississauga, both used the DRAGONA trademark and were involved in the case. - Dragona Scarborough had been founded in 1984, managed by Nizar, and had been run by his sons, Abad and Jamal. FlooReno had also been owned by Abad and Jamal. - Dragona Mississauga had been founded in 1992 by Nizar and Talal, initially with equal ownership. - Both businesses had operated jointly initially but had severed some ties in 2021. - In 2012, Talal had purchased Nizar's shares in Dragona Mississauga, but the trademark ownership issue had remained unresolved. - Talal had registered DRAGONA trademarks associated with Dragona Mississauga without opposition from Nizar. - Mostapha had confirmed that Dragona Scarborough had owned the DRAGONA trademark, leading to no opposition to the registrations. - The judge had considered this history when assessing the existence of an oral license. - In 2020, FlooReno had displayed the DRAGONA trademark, leading to the lawsuit. **III. Court Decision** - The Federal Court had determined that Dragona Scarborough had had a longstanding and continuous right to use the DRAGONA trademark throughout the Greater Toronto Area. - The appeal had been dismissed with costs.
Federal Court of Appeal
A-202-22
Intellectual property
Respondent
29 September 2022