Our Vancouver team represents Vancouver Community College, known historically in BC as “VCC,” in an action for passing off and official mark infringement against Vancouver Career College (Burnaby) Inc., and two related trademark oppositions. The decision, rendered August 20, 2015, is the first Canadian action to seriously consider the interaction of passing off and Google Adwords keyword advertising, and also the first to consider the uniquely Canadian official marks regime with such online advertising.
On January 26, 2017, the Court of Appeal released its reasons fully in favour of our client, overturning a dismissal of the claims on the basis of both factual and legal error, and confirming that the defendant had passed itself off as VCC. An application to appeal the decision to the Supreme Court of Canada has been filed, which the Vancouver team is defending.
Christopher Wilson was assisted by Mat Brechtel.