Sandhu Singh Hamdard Trust v. Navsun Holdings Ltd., 2019 FCA 295

Justice Pelletier; Justice Woods; Justice Laskin - 2019-12-02

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In Sadhu Singh Hamdard Trust v. Navsun Holdings Ltd., 2016 FCA 69, 483 N.R. 33, this Court allowed an appeal by Hamdard Trust from a judgment of the Federal Court (2014 FC 1139, 128 C.P.R. (4th) 168), rendered after a summary trial, dismissing its trademark and copyright claims against Navsun and a related company (together, Navsun), and dismissing Navsun’s counterclaim. The Court remitted Hamdard Trust’s claims to the Federal Court and directed their redetermination. On the redetermination (2018 FC 1039, 160 C.P.R. (4th) 282, Fothergill J.), which also took the form of a summary trial, the Federal Court concluded that Hamdard Trust had established certain of its claims, but failed to establish others. It awarded damages totalling $10,000. It also declined to address Navsun’s counterclaim. This appeal by Hamdard Trust is from the judgment of the Federal Court on the redetermination. Navsun cross-appeals, seeking the dismissal of one of Hamdard Trust’s trademark claims and the associated claim for damages, and attacking the Federal Court’s failure to address its counterclaim. For the reasons set out below, I would allow in part both the appeal and the cross-appeal. Despite the parties’ request that this Court proceed to decide the claims that now remain on their merits, I would remit these claims to the Federal Court for further redetermination.

Decision relates to:


Canadian Intellectual Property