The Federal Court of Canada has deleted the trademark registration of a company that operated a lounge in the former Trump International Hotel and Tower Vancouver.
Caprice Holdings Ltd. brought an expungement proceeding under the federal Trademarks Act for an order striking the trademark “IVY” from the Trademarks Register.
In granting the application, Justice Glennys McVeigh said that registration was in association with nightclub services, bar services, operation of pubs and restaurant services, and held by West Georgia Lounge Holding Corp.
West Georgia filed the IVY registration on Oct. 31, 2019, with it being registered Feb. 8, 2023.鈥═he company operated a lounge called the IVY Rose Lounge or IVY Lounge (the Lounge) in what had been the Trump International Hotel and Tower Vancouver at 1161 West Georgia St. The hotel rebranded as Paradox Vancouver in 2022.
McVeigh said West Georgia Lounge Holding Corp. opened the lounge on March 9, 2020, but was evicted by its landlord on March 21, 2021.
It challenged its lease termination and eviction but B.C. Supreme Court denied its request for an injunction, the judge said.
“In short, the court’s denial was based on several complaints regarding the lounge’s clientele and repeated violations of public health protocols,” McVeigh said. “Additionally, the police had informed the landlord of 43 calls regarding the operation of the lounge since June 2020. Those police calls involved reports of weapons, bar watch checks, assaults, fights, breach of the peace, and organized crime.”
Caprice Holdings Ltd. sought the declaration of expungement, arguing the IVY registration is invalid and does not accurately express or define West Georgia’s existing rights. Caprice also sought an order directing the Trademarks Registrar to expunge the IVY registration from the register.
West Georgia was served with the court application but did not respond, file any materials with the court or appear at the hearing.
McVeigh said Caprice was seeking to register two trademarks similar to the IVY mark.
In McVeigh’s Jan. 13 written decision, following a Dec. 18 decision in court, said West Georgia’s lack of use of the IVY registration posed an obstacle to the registration of the Caprice’s trademarks.
She said that under the legislation, registration of a trademark is invalid if “the trademark has been abandoned.”
Additionally, McVeigh said Caprice had retained a private investigator who filed an affidavit with extensive evidence of due diligence into West Georgia’s ownership and use of the IVY mark.
“Searches showed that [West Georgia] was dissolved and struck from the British Columbia corporate registry for failure to file annual reports,” McVeigh said. “The company summary indicates that the last annual report from the corporation was filed on Oct. 28, 2019, and that it was dissolved on Jan. 29, 2024.”鈥�
And, she said, Caprice’s private investigator filed an affidavit with extensive evidence of due diligence into West Georgia’s ownership and use of the IVY mark. 鈥�
That investigation work showed the lounge is permanently closed; websites and social media accounts related to that business have been removed or are inactive; and all phone numbers associated with the business have been disconnected or re-assigned. 鈥�
“The investigator found no other nightclubs, bars, pubs or restaurants in Canada using the name, nor any attempt by [West Georgia] to re-commence use of the IVY mark,” McVeigh said.
“I find the IVY registration invalid because [West Georgia] has abandoned the IVY mark.”
Trump International Hotel
The company that operated the Trump International Hotel & Tower Vancouver, TA Hotel Management Limited Partnership, declared bankruptcy, according to a document filed August 27, 2020 with the Office of the Superintendent of Bankruptcy Canada. It is a subsidiary of TA Global Berhad.
The bankruptcy document showed TA Hotel Management Limited Partnership has $4,795,409 in liabilities and $1,104,588 in assets.
--With files from Glen Korstrom
