Federal Court Finds Use of TIMES by Competing Property Developers Confusing

In Times Group Corporation v Time Development Group Inc (2016 FC 1075), the Federal Court (FC) granted the applicant, Times Group Corporation and Times Developments Inc (collectively, Times), declaratory and injunctive relief relating to the use of the trade name TIME DEVELOPMENT GROUP by its competitor, Time Development Group Inc and Time Development Inc (collectively, TDG). Both parties were property developers targeting the Chinese Canadian community.

The FC found that there was “obviously a strong degree of resemblance” between Times’ trade-mark registration for TIMES GROUP CORPORATION and TDG’s trade name, Time Development Group. Although TDG identified numerous other “TIME” trade names used in the property business, the FC found that these third-party marks were less similar than the marks at issue. Further, the most similar of these third-party marks were used in association with property sales alone, and not in the development, building and marketing of multiple-unit residential dwellings and projects (the business of both Times and TDG).

The FC also considered the surrounding circumstances, including the fact that while Times uses the plural form and TDG uses the singular form, this difference disappears when the words are translated into Chinese.

The FC granted the requested declaration and injunction, notwithstanding its conclusion that “TIMES” lacks inherent distinctiveness in association with property development services, and has not acquired distinctiveness through long use and recognition in the marketplace.

Summary By: David Bowden