Recent Successes
The Chamberlain Group, Inc., Wins Appeal Against Lynx Industries Inc.
December 21, 2010
Fitch Even client The Chamberlain Group, Inc., won its appeal against Lynx Industries Inc. when the Federal Court of Canada reversed the earlier decision of the Trade-marks Opposition Board and found in favor of Chamberlain, the world's number-one brand of professionally installed residential and commercial garage door openers.
The case began in 2004 when Lynx Industries filed two applications in Canada, one to register the mark "LYNXMASTER" and one to register the mark "LYNXMASTER and Design," both for garage door openers. The Chamberlain Group uses the mark "LIFTMASTER" for garage door openers and related products and is the owner of various registrations of this mark, including in Canada. LiftMaster is the number-one brand of professionally installed residential garage door openers, commercial door operators, and gate operators sold worldwide.
Following publication of the two Lynx applications in 2005, Chamberlain opposed the registration of those marks. In a October 2009 decision, the Trade-marks Opposition Board of Canada rejected the oppositions and allowed the applications for registration. Chamberlain filed a timely appeal to the Federal Court of Canada against both applications. The Honorable Mr. Justice Roger T. Hughes of the Federal Court issued his decision on December 16, 2010, in which he reverses the earlier Trade-marks Opposition Board decision and refuses registration of both Lynx applications. This decision is now consistent with a decision Chamberlain received from the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board in an earlier opposition in the U.S., which also ruled in Chamberlain's favor.
Fitch Even partner Joseph T. Nabor represented Chamberlain in the earlier U.S. case and was intrinsically involved in the subsequent Canadian opposition and appeal. In the Canadian cases, Chamberlain was initially directly represented by Gary Partington of Marks & Clerk Canada and then later by J. Guy Potvin of Miltons IP.
For a copy of the Federal Court of Canada's decision, please click here.
