On June 25, 2026, the Federal Court (the Court) released its decision in Constellation Brands U.S. Operations, Inc. v Vineyard House, LLC, 2026 FC 866, dismissing Constellation Brands U.S. Operations, Inc.’s (Constellation) motion for leave to file additional evidence in its appeal from a decision of the Trademarks Opposition Board (TMOB). The Court held that the proposed evidence did not meet the new leave test under subsection 56(5) of the Trademarks Act, as set out in Products Unlimited, Inc. v Five Seasons Comfort Limited, 2026 FC 48 (as previously reported by the E-TIPS® Newsletter here).