Morinaga & Co., Ltd v. Nguyen, 2024 FC 1710
Justice Aylen - 2024-10-28
Read full decision. Summary prepared by Alan Macek:
The Plaintiff, Morinaga & Co., Ltd., seeks an order finding the Defendant, Gam Hoang doing business as Platinum Herbal Care, in contempt of Court for failing to comply with the terms of a default judgment obtained against her. For the reasons that follow, I find Ms. Hoang in contempt of Court. ... Morinaga is the registered owner of Canadian Trademark Registration No. TMA942339 for the trademark HI-CHEW & Design, and Canadian Trademark Registration No. TMA1131801 for the trademark HI-CHEW, both registered in association with candy and related goods. ... Morinaga brought a motion for default judgment against Ms. Hoang, which was granted by the Court ... Morinaga brought an ex parte motion, pursuant to Rule 467 of the Federal Courts Rules, for an order compelling Ms. Hoang to appear before the Court for a contempt hearing. ... Despite being on notice of the conference, Ms. Hoang did not attend. ... Accordingly, I find that Morinaga has demonstrated, beyond a reasonable doubt, that all three contempt criteria have been met in relation to each of paragraphs 3(a), 5, 9, 10 and 11 of the Default Judgment. ... The parties shall provide the Court with their respective proposed schedules for the delivery of evidence and materials for the penalty phase of the proceeding, together with their availability for the penalty hearing.
Decision relates to:
- T-1390-21 - MORINAGA & CO., LTD. v. NHAT VAN NGUYEN et al