Michael Di Cosmo, a Toronto-based DJ, and music producer, applied to register the Trademark ‘6IX’ Canada’s Intellectual Property Office. He also applied to register various promotional items consisting of men’s and women’s apparel and outdoor jackets.
He filed the application in 2014, but it was opposed October’s Very Own (OVO), they were known for their association with Toronto-born rapper Drake.
OVO claimed that the mark was not used by the Michael since 2000, as claimed by him. They further claimed and that the mark does not distinctively indicate the DJ’s goods and services. Furthermore, OVO argued that Di Cosmo did not use the mark since 2000, but rather he used different
Trademarks such as “SIK 6IX” and “DJ SIX”. Michael denied all of these allegations brought against him by the company. He submitted evidence to the Board contrary to the allegations of OVO. He proved that he used the term “6IX” for a long time before Drake.
Di Michael showed that he used the mark continuously for performing DJ services and advertising purposes.
His performances include performing at nightclubs and private events. He submitted a bunch of flyers that have been distributed by him over the years for events where he performed as “6IX”. Michael also submitted evidence that he also distributed goods with the mark on his Facebook page.
He distributed them as a prize to winners of contests organized through his Facebook.
In December 2018, Canada’s Trademarks Opposition Board ruled in favor of the Canadian DJ Michael Di Cosmo. They ruled that Michael had indeed used the mark in relation to his DJ services, and dismissed OVO’s allegations. However, the Board denied the registration of the mark for goods.