On June 15, 2017, the Trademarks Opposition Board (the Board) issued its decision in Western Water Farms & Gardens Inc v 378715 BC Ltd, 2017 TMOB 71, an opposition to the registration of the trademark NUTRILIFE and Design (the Mark). The main issue in this proceeding was the ownership of the Drip Man Design, which was included as a portion of the Mark.
Western Water Farms & Gardens Inc (the Opponent), alleged that it acquired the Drip Man Design in 2005 through an asset purchase agreement between the Opponent and a related company, Western Water Farms Inc (WWF). The Board concluded, however, that the Drip Man Design was never sold to or acquired by the Opponent, in part because the Opponent failed to establish that the Drip Man Design was owned by WWF prior to the Opponent and WWF entering into the asset purchase agreement.
The Board rejected the opposition, holding that the Opponent was aware that WWF operated independently from the Applicant, and that the Applicant owned and used the Drip Man Design.
Summary by: Michelle Noonan