Background:

• The plaintiff, a not-for-profit Maryland corporation, preserves the cultural heritage of people of Telugu origin. It owns trademarks, including "TANA" and "TELUGU ASSOCIATION OF NORTH AMERICA."
• The defendants, a Canadian corporation and individuals, were accused of infringing the plaintiff’s trademarks.

Issues:

1. Did the defendants’ use of "TANA" infringe the plaintiff’s trademark?
2. Did their "TANA" and "TANA & Design" marks cause confusion with the plaintiff’s mark?
3. Did their use amount to passing off?
4. Did their use depreciate the value of the plaintiff’s goodwill?
5. What remedies were appropriate if infringement occurred?

Analysis and Decision:

• Infringement (Section 19): The defendants' "TANA" mark was identical to the plaintiff’s, infringing its exclusive rights in Canada.
• Confusion (Section 20): Their "TANA" and "TANA & Design" marks were likely to cause confusion due to high similarity.
• Passing Off (Section 7(b)): The defendants' marks misrepresented and damaged the plaintiff’s goodwill.
• Depreciation (Section 22(1)): The defendants diluted the plaintiff’s trademark value.

Remedies:

• The defendants were ordered to transfer infringing domain names, cease using infringing trademarks, and destroy all related material.
• The defendants were ordered to pay $18,750 in compensatory damages and $13,000 in costs to the plaintiff.