Defendant And Others Found To Have Shown Cause As To Why They Should Not Be Held In Contempt Of Court (Intellectual Property Weekly Abstracts - Week Of January 23, 2017)

Trademarks Related Decisions

Defendant and others found to have shown cause as to why they should not be held in contempt of court

ASICS Corporate v. 9153-2267 Québec inc., 2017 FC 5

This decision considered whether the Defendant, its President, its Vice-present (referred to collectively as the "Two Individuals") and a corporate third party should be held in contempt of court for allegedly breaching a Default Judgment. The Default Judgment stated that the Defendant had infringed the Plaintiff's trademarks rights, and enjoined the Defendant, and others, from using or infringing the trademarks. The Default Judgment also awarded the Plaintiff $43,500 in damages for past infringement, together with costs payable forthwith. The matter was bifurcated and the Hearing against the corporate third party was scheduled for January 11, 2017.

As a preliminary issue, the Court had to determine whether to exclude an affidavit...