Trademark registration expunged for lack of distinctiveness due to uncontrolled licensing.
The plaintiff sued for trademark infringement regarding the "Milano Pizzeria" mark.
The defendants counterclaimed for expungement of the registration.
The Federal Court found the trademark invalid for lack of distinctiveness under section 18(1)(b) of the Trademarks Act due to insufficient control by the plaintiff over its licensees under section 50(1), and the coexistence of a third-party business with a similar name.
The plaintiff's action was dismissed, and the trademark was ordered expunged.
The defendants' other counterclaims were dismissed.
