Naked Whey, Inc. v. N8ked Brands Inc., 2023 FC 1079
Justice Manson - 2023-08-04
Read full decision. Automatically generated summary:
Naked Nutrition served N8KED Brands Inc. with its Statement. The deadline for NBI to serve and file its Statement of Defence was August 25, 2022. NBI failed to deliver a Statement of Defence by that time. ... On February 8, 2023, the Court issued an Order granting NBI’s motion for an extension of time. The Court also ordered that “Costs are payable by the defendant to the plaintiff, fixed at $5,000, payable forthwith”. ... NBI failed to pay the outstanding costs award to Naked Nutrition and to appoint a new solicitor of record after being served with the Order as required. NBI still has not paid the costs award or appointed a new solicitor of record to date. As a result, pursuant to the Order, NBI’s Statement of Defence and Counterclaim were struck without leave to amend. NBI is now again in default. ... The motion with respect to the claim that the N8KED Registered Mark was invalidly registered due to a materially false declaration of use is granted. The other claims are dismissed. However, under Rule 210 (4)(c) of the Rules, the Plaintiff’s claims for an Order under subparagraphs 7(a), 7(b) and 7(d)(i) may proceed to trial.
Decision relates to:
- T-1516-22 - NAKED WHEY, INC. O/A NAKED NUTRITION v. N8KED BRANDS INC.