In November 2017, Performance Mechanics Panthera Motorsports
Inc. filed a Canadian trademark application for the PANTHERA logo (
) covering motorcycle
and off-road vehicle engines and sporting clothing. The application
was opposed by Jaguar Land Rover Limited on several grounds,
including a likelihood of confusion between the applied-for mark
and Jaguar's registered marks for the Leaper logo (
).
Both parties filed evidence before the Trademarks Opposition Board. Notably, Panthera filed an affidavit introducing evidence of the state of the Trademark Register.
In a decision issued on May 29, 2023, the Trademarks Opposition Board found that there was a likelihood of confusion between Panthera's logo and Jaguar's Leaper logo and refused registration of Panthera's trademark. In reaching this decision, the Trademarks Opposition Board noted that in considering the circumstances of the case, with respect to the state of the Trademark Register, the affidavit filed by Panthera was insufficient, as it did not provide any information regarding the marketplace use of the trademarks identified in the affidavit.
Panthera appealed the decision to the Federal Court and filed a new affidavit introducing evidence regarding the commercial use of images of felines in the vehicle industry. The Court accepted the new evidence, considering it as "being important and having sufficient probative value relevant to the case" and that it would have had an impact on the Trademarks Opposition Board's decision in relation to the likelihood of confusion ground of opposition.
In light of the new evidence filed, in a decision issued on May 27, 2024, the Court
found that Panthera's mark was not likely to cause confusion
with Jaguar's brands and rejected the opposition. Among other
things, the Court noted that the evidence demonstrated that the use
of images of felines was widespread in the vehicle industry, and
Panthera's evidence of actual use of these trademarks favoured
Panthera's argument that there was no likelihood of confusion
between and .
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