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Trademarks - Appeals. Promotion in Motion, Inc. (PIM Brands, Inc.) v. Hershey Chocolate & Confectionery LLC
In Promotion in Motion, Inc. (PIM Brands, Inc.) v. Hershey Chocolate & Confectionery LLC (Fed CA, 2026) the Federal Court of Appeal dismissed an appeal, this brought against the earlier dismissal of a Federal Court appeal, and that against the refusal of the Registrar of Trademarks to register a trademark.
The court considers aspects of Trademarks Act appeals:[5] As allowed by subsection 56(5) of the Act, both parties filed extensive new evidence before the Federal Court. ....
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[20] It is by now well established that the standards of review applicable to an appeal from a Federal Court decision made pursuant to subsection 56(1) of the Act are those set out in Housen v. Nikolaisen, 2002 SCC 33. Therefore, questions of fact and mixed fact and law are reviewable on the standard of palpable and overriding error, whereas questions of law are reviewable on the correctness standard: see Clorox Company of Canada, Ltd. v. Chloretec S.E.C., 2020 FCA 76 at paras. 22–23, and Puma SE v. Caterpillar Inc., 2023 FCA 4 at para. 18.
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