Decision

Dead End Survival, LLC v. Marhasin, 2019 ONSC 3453

2019-06-05

Read full decision. Summary prepared by Alan Macek:

"The Applicant, Dead End Survival, LLC seeks to enforce a judgment of the United States District Court for the Northern District of Georgia Atlanta Division. The judgment granted both an injunction and damages against the Respondent, Georgi Marhasin, who is a sole proprietor operating as Marhasin Warehouse. ... On October 31, 2018, Judge Cohen of the George District Court issued a permanent injunction enjoining Mr. Marhasin from making, advertising, using, offering to sell, selling, distributing, or importing into the United States any goods containing the Survival Watch trademark and any colorable imitation of the same ... Judge Cohen ordered Mr. Marhasin to pay $2.0 million in statutory damages to Dead End Survival plus attorney's fees of $44,760.00 and costs of $5,389.00. ... In my opinion, Mr. Marhasin has not made out a public policy defence. The U.S. law about trademark infringement is not contrary to the Canadian concept of justice or basic morality. The public policy defense is narrowly construed and does not bar enforcement of a foreign judgment because the damages awarded in the foreign proceeding exceed what would have been awarded under Canadian law." (Thanks to Paul Lomic for a copy of the decision)

 

Canadian Intellectual Property