Salton Appliances (1985) Corp. v. Salton Inc.
Court headnote
Salton Appliances (1985) Corp. v. Salton Inc. Court (s) Database Federal Court Decisions Date 2002-03-04 Neutral citation 2002 FCT 240 File numbers T-1392-99 Decision Content Date: 20020304 Docket: T-1392-99 Neutral citation: 2002 FCT 240 Montreal, Quebec, March 4, 2002 Present: The Honourable Mr. Justice Lemieux BETWEEN: SALTON APPLIANCES (1985) CORP. -and- JASCOR HOME PRODUCTS INC. Plaintiffs and SALTON INC. Defendant REASONS FOR ORDER AND ORDER [1] The Plaintiffs in this trademark infringement action seek to compel Leon Dreimann, the Defendant's representative, to answer the following question refused on discovery: Q-482 : "I would like to have a copy of all of the invoices of sales of the George Foreman grill and the purchase orders of the George Foreman grill which were sold to Canadian retailers." [2] During the hearing, counsel for the Plaintiffs sought those invoices and purchase orders for the period from August 4, 1999 when the action was commenced to date. [3] In my view, the Plaintiffs are entitled to their production. They are relevant to the question of the Defendant's liability. (See the definition of use in Section 4 of the Trade-Marks Act and Gordon A. MacEachern Ltd. v. National Rubber Co. Ltd. (1963), 41 C.P.R. 149.) In the circumstances, their production does not become improper because a reference has been ordered on issues of damages. (See Montana Band v. Canada [2001] F.C.J. No. 528.) [4] Counsel for the Defendant argued production of all invoices and p…
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Salton Appliances (1985) Corp. v. Salton Inc. Court (s) Database Federal Court Decisions Date 2002-03-04 Neutral citation 2002 FCT 240 File numbers T-1392-99 Decision Content Date: 20020304 Docket: T-1392-99 Neutral citation: 2002 FCT 240 Montreal, Quebec, March 4, 2002 Present: The Honourable Mr. Justice Lemieux BETWEEN: SALTON APPLIANCES (1985) CORP. -and- JASCOR HOME PRODUCTS INC. Plaintiffs and SALTON INC. Defendant REASONS FOR ORDER AND ORDER [1] The Plaintiffs in this trademark infringement action seek to compel Leon Dreimann, the Defendant's representative, to answer the following question refused on discovery: Q-482 : "I would like to have a copy of all of the invoices of sales of the George Foreman grill and the purchase orders of the George Foreman grill which were sold to Canadian retailers." [2] During the hearing, counsel for the Plaintiffs sought those invoices and purchase orders for the period from August 4, 1999 when the action was commenced to date. [3] In my view, the Plaintiffs are entitled to their production. They are relevant to the question of the Defendant's liability. (See the definition of use in Section 4 of the Trade-Marks Act and Gordon A. MacEachern Ltd. v. National Rubber Co. Ltd. (1963), 41 C.P.R. 149.) In the circumstances, their production does not become improper because a reference has been ordered on issues of damages. (See Montana Band v. Canada [2001] F.C.J. No. 528.) [4] Counsel for the Defendant argued production of all invoices and purchase orders was unnecessarily onerous. (See Reading & Bates Construction Co. et al. v. Baker Energy Resources Corp. et al. (1988), 24 C.P.R. (3d) 66 (F.C.T.D.). The Defendant did not substantiate this point by way of affidavit evidence. ORDER THIS COURT ORDERS that the Defendant produce the invoices and purchase orders referred to in question 482 of Leon Dreimann's examination for discovery at least three (3) days before his scheduled re-examination. "François Lemieux" Judge FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20020304 Docket: T-1392-99 BETWEEN: SALTON APPLIANCES (1985) CORP. -and- JASCAR HOME PRODUCTS INC. Plaintiffs and SALTON INC. Defendant REASONS FOR ORDER AND ORDER FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: T-1392-99 STYLE OF CAUSE: SALTON APPLIANCES (1985) CORP. -and- JASCAR HOME PRODUCTS INC. Plaintiffs and SALTON INC. Defendant PLACE OF HEARING: Montreal, Quebec DATE OF HEARING: March 4, 2002 REASONS FOR ORDER AND ORDER OF THE HONOURABLE MR. JUSTICE LEMIEUX DATED: March 4, 2002 APPEARANCES: Mr. Hugues Richard FOR PLAINTIFFS Mr. Christian Bolduc FOR DEFENDANT SOLICITORS OF RECORD: Léger Robic Richard Montreal, Quebec FOR PLAINTIFFS Smart & Biggar Toronto, Ontario FOR DEFENDANT
Source: decisions.fct-cf.gc.ca