Dermasparks Products Inc. v. Amanda Ottamann D.B.A Admire beauty and Medispa, 2026 FC 23
Associate Justice Moore - 2026-01-09
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This court decision addresses a motion for default judgment against a defendant accused of trademark infringement. The plaintiffs sought damages of $70,000, interest, and costs, targeting three specific registered trademarks. The motion succeeded as the defendant failed to respond to the statement of claim within the prescribed timeframe, establishing a clear default. The court confirmed the plaintiffs' ownership of the trademarks and their rights as exclusive licensees, affirming that the defendant's actions constituted infringement under the Trademarks Act. Evidence presented, including affidavits detailing unauthorized use of the trademarks in the defendant's advertising, supported the claim. The court deemed the plaintiffs' evidence sufficiently persuasive to meet the balance of probabilities required for default judgment. Ultimately, the court granted the plaintiffs' motion, emphasizing the protection of trademark rights and the consequences of unauthorized usage in the marketplace.
Decision relates to:
- T-1063-25 - DERMASPARK PRODUCTS INC. ET AL. v. AMANDA OTTMANN ET AL.