This document provides a case comment on the legal dispute between Nissan Canada Inc. and BMW Canada Inc. regarding the use of trademarks in advertisements and promotional material. The Federal Court of Appeal ruled that in order to establish a mark in advertisement and promotional material, it must be adequately associated with the goods at the time of transfer or possession. The court also discussed the requirement for establishing damages in recourse to passing off. The document includes a summary of the case, references, and court decisions.