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Defendants liable for passing off regarding their original newspaper logo, but not their modified logo.
The Plaintiff, publisher of the "Daily Ajit" newspaper in India, claimed the Defendants engaged in passing off and trademark infringement regarding their use of the "AJIT" name and logo for the "Ajit Weekly" newspaper in Canada.
On redetermination of a summary trial, the Court found the Defendants liable for passing off with respect to their original logo, but not their modified logo adopted in 2009.
The Court awarded $10,000 in compensatory damages for the limited period before the modified logo was adopted.
The Plaintiff's claims for trademark infringement and depreciation of goodwill under the Trademarks Act regarding the modified logo were dismissed.