Decision

Asics Corporation v. 9153-2267 Québec Inc., 2017 FC 257

2017-03-02

Read full decision. Automatically generated summary:

In this Motion, the corporate Third Party [9279] seeks various types of relief in relation to the execution of a Writ of Seizure and Sale [the Writ] that was issued by this Court. Among other things, 9279 seeks to have the execution of the Writ set aside and nullified, and to have itself declared as the sole owner of the goods that were seized. The Plaintiff opposes this Motion on the basis that 9279 is being used by Joseph Nassar and Jean-Pierre Nassar [the Two Individuals] for the improper purpose of thwarting a judgment [the Default Judgment] issued by this Court against the Defendant [9153], after it was found to have infringed the Plaintiff’s rights in certain trademarks, contrary to the Trade-marks Act (see also 2017 FC 5). For the reasons set forth below, 9279’s Motion shall be dismissed and 9279’s corporate veil will be lifted to permit the Plaintiff to execute the Default Judgment against 9279.

Decision relates to:

  • T-1019-13 - ASICS CORPORATION v. 9153-2267 QUEBEC INC. doing business as "jbloom"

 

Canadian Intellectual Property