D Drops Company v. Naka Sales Limited, 2020 FC 926
Justice Little - 2020-09-23
Read full decision. Automatically generated summary:
UPON MOTION for judgment made in writing under Rule 369 of the Federal Courts Rules; AND CONSIDERING the consent of the parties, through their solicitors, to Judgment in the terms set out below; THIS COURT ORDERS that: 881 Patent is valid and subsisting, and claims 1, 2, 3, 11, 13 and 14 were infringed by the Defendants, by their manufacturing, sale, and distribution of Vitamin D liquid supplement under the names “Baby D Drops”, and “BioAbsorb Nutraceuticals Baby D Drops”. The Defendants manufactured in Canada and sold certain “Baby D Drops”, and “BioAbsorb Nutraceuticals Baby D Drops” vitamin products bearing trademarks which were confusingly similar to the DDROPS Trademarks.
Decision relates to:
- T-535-20 - THE D DROPS COMPANY INC. ET AL. v. NAKA SALES LIMITED ET AL.