TRADEMARKS - Infringement - Passing off and unfair competition 

Law360 Canada ( December 23, 2020, 6:49 AM EST) -- Appeal by Dong and his companies from a judgment that found them liable for trademark infringement and passing off and dismissed their counterclaim. Royal Pacific owned a registered trademark in association with residential and commercial real estate services. Dong entered a sales representative agreement with the respondents that allowed the use of its trademark for real estate services. The agreement further allowed either party to terminate without cause by providing 21 days’ notice. Dong developed a personal website that used the Royal Pacific trademark. He used the Royal Pacific trademark to seek business for his social media referral application business. The respondents terminated the sales representative agreement and commenced their action after Dong refused to take down the website and cease using their registered trademark for his other business. Dong counterclaimed alleging the respondents breached the sales representative agreement by wrongfully denying him the ability to use the name Royal Pacific and by terminating the agreement for an improper purpose....
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