Non-distinctive trademark does not make the cut
In a recent decision in EAB Tool Company Inc v Norske Tools Ltd, 2017 FC 898, the Federal Court of Canada has dismissed an application related to trademark infringement, passing off and unfair competition on the basis that there was no likelihood of confusion between two inherently non-distinctive trademarks. The case concerned allegations related to EAB’s trademark EXCHANGE-A-BLADE and the trademark TRADE-A-BLADE, adopted by its competitor Norske.
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