McDowell v. A Drip of Honey
HEATHER RUTH MCDOWELL
Law Firm / Organization
Marks & Clerk Law LLP
Lawyer(s)

Kenneth D. McKay

A DRIP OF HONEY
Law Firm / Organization
Not Specified

Background:

  • McDowell, owner of a women’s fashion boutique named Honey, filed a lawsuit against A Drip of Honey, an online women’s fashion retailer, for trademark infringement and passing off.
  • McDowell claimed A Drip of Honey's use of similar trademarks caused confusion, breaching her trademark rights.

Legal Issues:

  1. Trademark infringement under sections 19 and 20 of the Trademarks Act.
  2. Passing off under paragraphs 7(b) and (c) of the Act.
  3. Depreciation of goodwill under section 22 of the Act.

Court’s Analysis and Decision:

  • The court found the defendant in default for not filing a statement of defence.
  • On infringement (section 20), the court found likely confusion between the parties’ marks, favoring the plaintiff.
  • In passing off (paragraph 7(b)), the court ruled in favor of the plaintiff, noting her established goodwill and likelihood of confusion.
  • The claim of depreciation of goodwill (section 22) was not proven due to insufficient evidence linking the defendant's use to potential harm to the plaintiff’s goodwill.

Outcome:

  • The court granted partial default judgment for the plaintiff, ordering a permanent injunction against the defendant to prevent further confusion.
  • The defendant was ordered to deliver or destroy infringing materials and pay $10,000 in nominal damages to the plaintiff.
  • No costs were awarded due to the plaintiff's failure to provide a detailed claim for the requested amount.
Federal Court
T-213-22
Intellectual property
$ 10,000
Plaintiff