Lounge Medical Spa Ltd. v. DermaSpark Products Inc.

canada, canadian, case law, court opinion, canlii, fca, 2026fca135, 2026 fca 135 (canlii), 2026, fca, 135, (canlii), a-278-25; a-232-25, 2026, intellectual property, trademarks, summary trial, infringement and goodwill, trademarks act, ss. 19, 20, 22, registered trademarks “moving target” across pleadings and record, ownership and exclusive authorised use unclear for some marks, examples of infringement not clearly supporting all findings, appeals allowed, judgments set aside and remitted for re, determination, procedure, reasons, appellate review, housen v. nikolaisen standard, cojocaru v. british columbia women’s hospital and health centre, whether reasons were inadequate and prevented meaningful appellate review, wholesale adoption of draft order, including errors, raising concern the issues were not fully engaged, appeals allowed, judgments set aside and remitted, intellectual property, passing off, trademarks act, subss. 7(b) and 7(c), whether passing off could be found where motion materials advanced no argument and no test, absence of submissions and analysis on passing off noted, inclusion of “passing off” in damages award unexplained, appeals allowed, judgments set aside and remitted for re, determination, evidence, deemed admissions, federal courts rules, rule 256 and form 256, whether the court could accept “counterfeit” allegation without addressing conflicting record evidence, email referencing serial number and purchase documents not discussed, conflicts in evidence on a key issue not addressed in reasons, appeals allowed, judgments set aside and remitted for re, determination