As reported in the August issue of Take Five by OnPoint Legal Research, the BC Court of Appeal has rejected ICBC’s attempt to shut down ICBCadvice.com, a free informational website for those dealing with ICBC claims, owned by Wes Mussio’s wife. This was ICBC’s second attempt to remove the website – the first attempt was rejected by the BC Supreme Court in 2012. ICBC claimed that the website unlawfully infringed on the company’s copyright license of the term “ICBC” and, therefore, violated the Trade-Marks Act. However, the Court of Appeal sided with Wes Mussio, counsel for the Respondant, confirming that ICBCAdvice.com was not in violation of the Act.

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As previously announced, the British Columbia Court of Appeal ruled in our client’s favour, overturning the lower court’s decision and prohibiting ICBC from relying on a zipline waiver to deny compensation for injuries sustained in a car accident.

ICBC has since sought leave to appeal the decision to the Supreme Court of Canada in Ottawa.

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As reported by 24 Hours Vancouver, we are pleased to announce that ICBC has lost for the second time in trying to convince our Court that the website belonging to Wes Mussio’s wife (icbcadvice.com) was infringing on ICBC’s trademark.

In 2012, the BC Supreme Court ruled in favour of Mussio; however, ICBC appealed the decision to the BC Court of Appeal.

ICBC’s primary argument was that the use of “ICBC” in a website domain name by a personal injury lawyer was misleading and in breach of ICBC’s intellectual property rights. In particular, ICBC argued that the average consumer would likely believe that ICBC itself was offering advice on its business, rather than an independent entity.

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