Williams (It Essentials) v. Cisco Systems, Inc., 2019 FCA 291

Justice Near; Justice Laskin; Justice Mactavish - 2019-11-25

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Paul Williams, carrying on business under the firm name and style of IT ESSENTIALS, appeals from an order of a Federal Court judge (2019 FC 116, Southcott J.). In his order, the Federal Court judge dismissed an appeal, brought by way of motion under rule 51 of the Federal Courts Rules, from an order of Prothonotary Tabib dismissing Mr. Williams’ motion for leave to amend his statement of claim. The prothonotary had earlier granted a motion by the defendant in Mr. Williams’ action, the respondent Cisco Systems, Inc., and struck out the statement of claim in its entirety, but had granted leave to Mr. Williams to move to amend. The statement of claim that was struck out alleged that Cisco had infringed Mr. Williams’ rights under several provisions of the Trademarks Act, in relation to the trademarks “IT ESSENTIALS” and “IT ESSENTIALS TRUSTED STRATEGIC IT PARTNER.” In striking it out, the prothonotary determined that the statement of claim plainly failed to plead particulars of Cisco’s conduct that would amount to actionable breaches of the Act. ... The appeal will accordingly be dismissed with costs, including the costs of preparation of the appeal book.

Decision relates to:


Canadian Intellectual Property