E. Mishan & Sons, Inc. v. Supertek Canada Inc., 2016 FC 986
Justice Hughes - 2016-08-30
Read full decision. Summary prepared by Alan Macek:
This was a summary trial of the Defendant/Plaintiff by Counterclaim Supertek Canada Inc.’s claim under section 7(a) of the Trade-marks Act (see 2016 FC 613). "I conclude, on the evidence, that Emson, in particular Mishan and Guindi, in their dealings with Canadian Tire, particularly Janny Ng, deliberately and skilfully conducted themselves so as to leave Canadian Tire with the impression that it would be sued by Emson (as well as the inventor) for patent infringement. That patent, as well as a related industrial design, has been held to be invalid in proceedings against Supertek but not Canadian Tire. As a result, Emson has made false and misleading statements tending to discredit the wares of Supertek contrary to the provisions of section 7(a) of the Trade-marks Act." The Court went on to concluded however, based on evidence of Canadian Tire, that there was no causal link between statements made by Emson and damages alleged to have been suffered by Supertek. On damages, the Court concluded that Supertek had not established a quantification of its damages. Dimock Stratton appeared for Emson in this matter.
Decision relates to:
- T-1112-13 - E. MISHAN & SONS INC ET AL v. SUPERTEK CANADA INC ET AL