The following excerpt is from Drolet v. Stiftung Gralsbotschaft, 2009 FC 17 (CanLII), [2010] 1 FCR 492:
It must first be noted that contrary to sections 19 and 20, the application of this provision does not require the existence of a registered trade-mark: see Kirkbi AG v. Ritvik Holdings Inc., 2005 SCC 65, [2005] 3 S.C.R. 302, at paragraphs 25–26. Therefore, the defendants could sue the plaintiff for passing off his book by citing all of their trade-marks. However, in my opinion they are up against two obstacles that cannot be overcome.
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