Popsockets LLC v. Case World Enterprises Ltd., 2019 FC 1154

Justice Southcott - 2019-09-10

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This decision relates to a motion for default judgment filed by the Plaintiff, PopSockets LLC, on July 22, 2019, and argued on an ex parte basis at General Sittings in Toronto on August 20, 2019. The Plaintiff seeks declarations that the Defendant, Case World Enterprises Ltd., has infringed, passed off, and depreciated the goodwill in certain trademarks and infringed certain copyrights, as well as injunctive relief, damages and costs. As explained in greater detail below, my conclusion is that it is appropriate (1) to grant default judgment against the Defendant, finding the Defendant to have infringed the Plaintiff’s rights to the registered word mark POPSOCKETS and certain registered copyrights; and (2) to award the Plaintiff resulting injunctive relief, including delivery up, damages, and costs on a party-and-party basis. I have not found liability for passing off or other causes of action under sections 7 or 22 of the Trademarks Act, RSC 1985, c T-13 [Trademarks Act].

Decision relates to:



Canadian Intellectual Property