Mark Robbins

International Trademark Assocation (INTA)

Toronto Intellectual Property Group (TIPG)

Litigation Cases

Anheuser-Busch, LLC et al. ats. Molson Canada 2005
Defending Anheuser-Busch in a trademark infringement and passing off action relating to Anheuser-Busch's BUSCH ICE beer and Moslon's BLACK ICE trade mark.
Counsel: Mark Robbins
(2012), (T-719-12)

Masterpiece Inc. v. Alavida Lifestyles Inc.
Appeared on behalf of the International Trademark Association as intervener at the Supreme Court of Canada in an expungement proceeding relating to the trade mark MASTERPEICE LIVING for retirement residences.
Counsel: Dan Bereskin and Mark Robbins
(Reported decisions: 2011 SCC 27)
(2011), (SCC No. 33459)

Gallup, Inc. et al. v. Leger Marketing Inc.
Representing the Gallup polling company in an action for trademark infringement and passing off relating to the use of the GALLUP trade mark by Léger Marketing.
Counsel: Mark Robbins
(2011), (CV-11-429708)

Ontario Dental Assistants Association v. Canadian Dental Association
Representing the Ontario Dental Assistants Association in opposition proceedings relating to the CDA [Certified Dental Assistants] certification mark.
Counsel: Mark Robbins and Elizabeth Afolabi
(Reported decisions: 2013 FC 266)
(2011), (T-1600-11; A-132-13)

Target Corporation et al. v. Fairweather Ltd.
Represented Target Corporation in a passing off action to restrain the defendants' use of the TARGET APPAREL trademark and bulls eye device in association with retail department stores in Canada, in anticipation of the 2013 launch of TARGET stores in Canada.
Counsel: Robert MacFarlane, Mark Robbins and Megan Langley Grainger
(Reported decisions: 2011 FC 758)
(2010), (T-1902-10)

Molson Canada 2005 v. Anheuser-Busch Inc.
Represented Anheuser-Busch in opposition proceedings relating to the BUDWEISER trade mark.
Counsel: Mark Robbins
(Reported decisions: 2010 FC 283)
(2009), (T-127-09)

TSC Stores L.P. ats. Tractor Supply Co. of Texas
Defended TSC Stores' long standing use of the trademark TSC STORES for retail store services in a trademark infringement and passing off action brought by a former related company.
Counsel: Shawn Jacka and Mark Robbins
(Reported decisions: 2009 FC 154, 2010 FC 883, 2009 FCA 352, 2011 FCA 46)
(2007), (T-1804-07, A-89-09, A-331-10)

Thorkelson ats. Candrug Health Solutions Inc.
Acted for the owner of registrations for the trademarks CANADA DRUGS and CANADADRUGS.COM for an online pharmacy in infringement and expungement proceedings.
Counsel: Mark Robbins
(Reported decisions: 2007 FC 411)
(2006), (T-318-06, T-532-06. T-417-06)

Bereskin & Parr v. Fairweather Ltd.
Acted in cancellation proceedings relating to a registration for the trademark TARGET APPAREL for men's clothing.
Counsel: Mark Robbins
(Reported decisions: 2006 FC 1248, 2007 FCA 376)
(2005), (T-713-05; A-514-06)

China Brands Food Products Inc. ats. Wing Wah Food Manufactory Products Inc.
Acted for China Brands to defend its PEONY BRAND & Design trademark registration for food colour solutions.
Counsel: Mark Robbins
(Reported decisions: 2005 FC 1611)
(2005), (T-262-05)

Hayden ats. Smith
Defended the artist Michael Hayden in a copyright infringement action in which it was alleged that the artist's work entitled All Things Being Equal was an infringement of the plaintiff's copyright in a sketch of a similar concept. The action was dismissed at trial and the trial judgment was upheld on appeal. (Reported decisions: 2008 CanLII 64395 (ON SC), 2009 CanLII 9394 (ON SC))
Counsel: Mark Robbins
(2003), (C-1410/03)

Target Corporation et al. ats Target Convenience Stores Limited
Defended Target Corporation in a quia timet trademark infringement and passing off action brought by an Ontario convenience store and gas bar that owned several Canadian trademark registrations for TARGET and related marks. The plaintiff was seeking an order effectively prohibiting Target Corporation from using its TARGET brand in Canada. The case was settled after mediation.
Counsel: Robert MacFarlane and Mark Robbins
(2003), (T-220-03)

College of Chiropodists of Ontario v. Canadian Podiatric Medical Association
Sought judicial review of the publication of PODIATRIST as an official mark of the Canadian Podiatric Medical Association, on behalf of the College of Chiropodists of Ontario. The decision of the Registrar to publish the mark was quashed.
Counsel: Mark Robbins
(Reported decisions: 2004 FC 1774)
(2002), (T-1230-02)