Two companies providing online boating certification courses brought competing applications alleging breach of a settlement agreement that resolved prior trademark litigation.
One party alleged the other breached the agreement by using translated variations of prohibited trademark phrases in website metatags, while the other alleged breach through acceptance of prepaid vouchers issued by it.
The court held that the settlement agreement’s prohibition on using certain phrases extended to translations such as “boat exam” and “boating exam,” and ordered the respondent to cease using them.
However, the court found that a five‑day delay in ceasing to honour prepaid vouchers constituted performance within a reasonable time where the agreement specified no deadline.
