McDowell v. A Drip of Honey, 2024 FC 453
Justice Zinn - 2024-03-25
Read full decision. Generated by ChatGPT:
In a recent Federal Court decision in Toronto, an ex parte motion was brought under the Federal Courts Rules seeking a default judgment against the Defendant for alleged trademark violations. The Plaintiff, a women's fashion boutique owner, accused the Defendant, another fashion boutique, of trademark infringement, passing off, and damaging goodwill. Despite procedural deficiencies in the Plaintiff's submissions, the Court partially granted the default judgment due to the Defendant's failure to file a statement of defense. The Plaintiff's evidence was found to be sufficient to establish infringement and passing off claims under the Trademarks Act. The Court emphasized the Plaintiff's onus to provide clear evidence to support their case. The decision highlighted the importance of meeting legal standards even in unopposed motions for default judgment.
Decision relates to:
- T-213-22 - HEATHER RUTH MCDOWELL v. A DRIP OF HONEY