If You’re Reading This It’s Too Late: OVO’s “6ix” Woes After a Failed TM Opposition

  • 01 novembre 2019
  • Sarah Pennington

In December 2018, the Trade-marks Opposition Board (TMOB) rendered a decision that permitted Michael Di Cosmo (Di Cosmo), a Toronto disc jockey and music producer, to register the wordmark “6IX” (Reg. No. TMA1019744) (the Mark) in relation to his DJ services.

Di Cosmo’s application was opposed by October’s Very Own IP Holdings (OVO), a company better-known by its association with Toronto-born musical artist Drake.

Di Cosmo claimed use of the Mark in association with the following goods and services since April 3, 2000:  free promotional clothing items and DJ services. Di Cosmo filed his trademark application on December 18, 2014. OVO filed a subsequent application for the Mark on August 25, 2015 and a Statement of Opposition in February 2016, claiming Canadian use since at least August 2014.

Set out below are a few of the case’s highlights.