Expert Analysis

Passing off and the importance of evidence

By John McKeown ( April 21, 2026, 12:02 PM EDT) -- How much evidence is enough to win a passing‑off case — particularly where the parties are not‑for‑profit organizations and the alleged goodwill arises from a single event? In Federation of Asian Canadians Toronto v. Asialicious Holdings Inc., 2026 FC 495, the Federal Court confirmed that credible, well‑documented early use can be decisive, even where damages are modest....
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