- Parties: The applicant was 2K4 Inc. o/a Indican Pictures. The respondent was IndieCan Entertainment Inc. 

- Subject Matter: The applicant was a California-based film distributor incorporated on Feb. 18, 2004, while the respondent was a Canadian company incorporated on Aug. 6, 2011. The applicant sought to assert rights in “Indican Pictures,” an unregistered Canadian trademark used in association with television, radio, and film distribution services in Canada. The applicant accused the respondent of passing off its film distribution services as the applicant’s and of using the name and mark “IndieCan” and similar marks including “IndieCan Entertainment” and “IndieCan Entertainment International,” which were allegedly likely to cause confusion under s. 7(b) of the Trademarks Act, 1985. The applicant asserted various grounds of relief, including a declaration of ownership in the Indican Pictures mark, a permanent injunction preventing the respondent from using similar marks, an order for the destruction of materials bearing the IndieCan Entertainment mark, and damages. 

- Ruling: The court ruled in the respondent’s favour and dismissed the application. The court decided that the applicant failed to establish a valid Canadian trademark as of 2011 and failed to show use of the mark in association with film distribution services before that same year. 

- Date: The hearing was set on Oct. 10, 2024. The court released its decision on Jan. 3, 2025. 

- Venue: This was a federal case before the Federal Court. 

- Amount: The court asked the parties to provide submissions regarding costs within a specified time.