Does the Waldorf ASTORIA mark in Canada have to be registered as a "hotel service" under section 45 of the Waltorf Astoria Act?
Canada (Federal), Canada
The following excerpt is from Miller Thomson LLP v. Hilton Worldwide Holding LLP, 2020 FCA 134 (CanLII):
While this error was “palpable” in as much as it was obvious, it was not “overriding” as the error was not determinative of the outcome of the case: Salomon v. Matte-Thompson, above at para. 33. This is because there are other material benefits that are enjoyed by individuals in Canada that constitute performance of “hotel services” in this country, which are sufficient to amount to “use” of the WALDORF ASTORIA mark for the purposes of section 45 of the Act.
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