Changing the Branding of ING Bank of Canada to Tangerine comes under fire

Scotiabank purchased ING Bank of Canada in 2012.  As a term of the purchase agreement, Scotiabank was only permitted to use the ING trade-mark for a period of time.  That time has since expired and Scotiabank has rebranded ING Bank of Canada as TANGERINE – maintaining the ‘orange’ theme.  This rebranding has involved brochures, websites, business cards, letterhead, signage etc.

Unfortunately, another party, RSP Generation LP, claims that it owns the TANGERINE trade-mark and has used it before the former ING Bank of Canada did.   RSP Generation LP has filed a lawsuit to enforce its alleged rights.  The evidence that RSP Generation LP has submitted to substantiate their use of the trade-mark may not be sufficient to establish use.  As no settlement has been reached between the parties, it appears that the issue will be decided by the courts.  Read more about the story by clicking here.

 

By: Ryan Smith

rsmith@fdhlawyers.com