Louis Vuitton Malletier v. Sheine Reyes Rosales, 2023 FC 217
Justice Pentney - 2023-02-24
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The Plaintiffs are a well-known manufacturer and distributer of luxury merchandise – the parent company and its Canadian operation. They learned that the Defendant was marketing and selling counterfeit Louis Vuitton goods through her online presence, specifically through various Facebook accounts she operated. The Plaintiffs seek to stop this activity, which they claim infringes their registered Canadian trademarks. The Plaintiffs brought an ex parte motion for default judgment, after the period for the filing of the Statement of Defence expired. For the reasons that follow, I am satisfied that the Plaintiffs have established that the Defendant has engaged in activity that infringes their trademarks, and that this conduct has continued despite receiving a cease and desist letter, followed by a second one accompanying the service of the Statement of Claim relating to the action launched by the Plaintiffs. The motion for default judgment will therefore be granted, although not entirely on the terms proposed by the Plaintiffs regarding the remedy.
Decision relates to:
- T-232-22 - LOUIS VUITTON MALLETIER et Al. v. SHEINE REYES ROSALES