Elizabeth Walker

BrandStorm appealed a decision of the Trademarks Opposition Board rejecting its opposition to Naturally Splendid's application to register the NATERA trademark.

BrandStorm filed new evidence establishing its prior use of the NATIERRA trademark in Canada.

The Federal Court conducted a de novo review, found a likelihood of confusion between the two marks, and concluded that the NATERA mark was not distinctive.

The appeal was allowed, and the Registrar of Trademarks was directed to refuse the NATERA application.

The applicant sought judicial review of a refusal to issue a positive Labour Market Impact Assessment (LMIA) for a temporary foreign worker.

Before the application was heard, the applicant submitted a second LMIA application for the same worker, which was approved.

The respondent minister moved in writing to strike the judicial review application on the basis that it was moot.

The Federal Court granted the motion, finding that the issuance of the positive LMIA resolved the dispute, leaving no live controversy between the parties.

The Court declined to exercise its discretion to hear the moot case.