Anne-José Villeneuve

The applicants, Novartis, alleged that the respondents' use of the trademark BYOOVIZ for an anti-VEGF biosimilar drug infringed their registered trademark BEOVU, contrary to the Trademarks Act.

The Federal Court held that patients, along with ophthalmologists and pharmacists, are relevant consumers for assessing confusion.

Applying the first impression test, the Court found a likelihood of confusion given the phonetic similarity between the coined marks, the identical nature of the goods, and the identical trade channels.

The Court granted the application, issuing a permanent injunction and awarding $20,000 in nominal damages.