Decision

Michaels v. Unitop Spolka Z Organiczona Odpowiedzialnoscia, 2020 FC 1031

Justice Fuhrer - 2020-11-04

Read full decision. Automatically generated summary:

On September 29, 2020, I dismissed the Applicant’s appeal from the decision of the Registrar of Trademarks in David Michaels v Agros Trading Confectionery Spolka Akcyjna, 2018 TMOB 157: see David Michaels v Unitop Spolka Z Organiczona Odpowiedzialnoscia, 2020 FC 937. ... The parties did not agree on costs. According to the Court’s records for this matter, both parties filed their submissions late. Given the short filing delays, however, and having regard to Rule 3 of the Federal Courts Rules, SOR/98-106, I nonetheless considered their respective submissions. ... I therefore exercise my discretion to decline to award double costs under Rule 420. Instead, I award the Respondent the lump sum of $3,200, inclusive of disbursements and applicable taxes, payable forthwith by the Applicant. This amount takes into account the lack of complexity of the matter, and other factors discussed above; in my view, it is just and proportionate in the circumstances.

Decision relates to:

  • T-293-19 - DAVID MICHAELS v. AGROS TRADING CONFECTIONERY SPOLKA AKCYJNA

 

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