The Cassels IP team recent secured an important IP litigation victory:
- In, Astra Capital Incorporated v. Astra Energy Services Corp. 2025 TMOB 114, Stephen Selznick and Eleanor Wilson obtained a significant win before the Trademarks Opposition Board, representing Astra Capital Incorporated. In this unique case, Astra Capital successfully opposed Astra Energy's application for the mark Astra Group Corp. & Design based on confusion with its registered trademarks ASTRA PROPERTY GROUP (TMA1167255) and ASTRA PROPERTY GROUP & Design (TMA1167256). Interestingly, Astra Capital's marks were filed after Astra Energy's proposed mark, but had proceeded to registration first. In responding to the opposition, Astra Energy argued that Astra Capital should be estopped from opposing Astra Energy's mark because Astra Capital had deleted certain services from its own application after receiving an objection to registration from the Trademarks Office based on alleged confusion with Astra Energy's mark. However, the Board agreed with Cassels' arguments that unlike in patent cases, where there is statutory support for the Registrar of Patents to exercise jurisdiction to apply equitable doctrines such as estoppel, no such authority exists for the Registrar of Trademarks. The Board further accepted Cassels' position that even if it did possess equitable jurisdiction to find estoppel, Astra Capital's removal of the services in issue was not an admission of the likelihood of confusion with Astra Energy's mark. The Board went on to hold that Astra Capital succeeded on multiple grounds of opposition and refused Astra Energy's trademark application.