Louis Vuitton Malletier S.A. v. Zekria Wakilzada, 2017 ONSC 2409
Read full decision. Summary prepared by Alan Macek:
This is an appeal from a master's endorsement striking certain paragraphs from a Statement of Claim relating to counterfeit Louis Vuitton merchandise. The claim was against both landlords of flea markets and individual flea market vendors. Among other things, the plaintiffs sough declarations that the landlords were directly, vicariously and/or contributorily liable for the vendor's dealings in counterfeit products. The paragraphs at issue cited a history of criminal enforcement measures against counterfeits at the flea market for general knowledge of counterfeit activity. On appeal, the Court held the Master had applied the incorrect test and allowed the appeal, setting aside the order striking the paragraphs.