Dermaspark Products Inc v. Patel, 2023 FC 388
Justice Kane - 2023-03-21
Read full decision. Automatically generated summary:
The Defendants, Binal Patel and Balsam Day Spa, bring this motion for summary trial pursuant to Rules 213 and 216 of the Federal Courts Rules in the context of the Plaintiffs’ action for trademark and copyright infringement. ... For the reasons that follow, the Court finds that summary trial is appropriate and has determined the claims on their merits. The Defendants’ motion is dismissed and judgment is granted in favour of the Plaintiffs. The Defendants’ Counterclaim is dismissed. ... DermaSpark claims that Balsam purchased a counterfeit of Pollogen’s machine and related products online and used these products at the spa from February 2018 to approximately March 2020. DermaSpark alleges that Balsam’s use of counterfeit products and DermaSpark’s advertising and marketing material infringed their rights under the Trademarks Act and the Copyright Act.
Decision relates to:
- T-1308-20 - DERMASPARK PRODUCTS INC. ET AL v. BINAL PATEL ET AL
- T-1951-95 - NIKE CANADA LTD. ET AL v. GOLDSTAR DESIGN LTD. ET AL