No palpable and overriding error in judge’s discretionary decision to require delivery up of domain name

Federal appeal | Industrial and Intellectual Property

Trademarks

No palpable and overriding error in judge’s discretionary decision to require delivery up of domain name

Plaintiffs brought trademark action. Federal Court Judge found plaintiffs established they were owners of trademarks and that defendants infringed marks. Plaintiffs were granted default judgment. Defendants appealed. Appeal dismissed. Exercise of discretion to proceed with merits of motion was reasonable. Defendants had ample notice of motion and on return of motion offered only draft statement of defence that was not filed and on which they indicated they would not rely. Corporate defendant did not retain counsel. There was no merit to argument that order was without jurisdiction. No palpable and overriding error was established in judge’s discretionary decision to require delivery up of domain name.
Michaels v. Michaels Stores Procument Co. (Mar. 15, 2016, F.C.A., Noël C.J., Stratas J.A., and Donald J. Rennie J.A., A-256-15) 264 A.C.W.S. (3d) 1019.


Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Ontario court rules cap on general damages does not apply to sexual abuse

House of Commons reveals legal fee reimbursement over $54k

Downey slams Purdue Pharma for not including Canadian claims

U of T's Anita Anand awarded medal by Royal Society of Canada

How criminal lawyers make referrals

Man discharged from his fourth bankruptcy

Most Read Articles

Chasm in opinions remains after statement of principles repeal

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident

Man discharged from his fourth bankruptcy