On February 9, 2021, Osgoode Hall Law Students had the privilege of observing the virtual hearing for the appeal of Sim & McBurney v En Vogue Sculpted Nail Systems (2020 TMOB 9) at the Federal Court of Canada, appealing the Trademark Opposition Board’s decision to maintain the subject mark with an amended statement of goods. IPilogue Contributor Aishwerya Kansal talked about the hearing and her experience viewing it virtually in her February 12, 2021 IPilogue article, A Day in Virtual Court House Proceedings.
This past Monday, the Federal Court published the Honourable Justice Fuhrer’s decision in the matter. We anticipate a full analysis and commentary on the decision on our site next week. But in the meantime, you can read Justice Fuhrer’s decision here.