Biofert v. Agrisol, 2020 FC 501
Justice McVeigh - 2020-04-08
Read full decision. Automatically generated summary:
By Judgment issued March 13, 2020, Agrisol Manufacturing Inc. and BioFert NA Manufacturing Inc. [the corporate Defendants] and the individual Defendant Dr. Tahir Mahmood were held jointly and severally liable for trademark and copyright infringement (see 2020 FC 379). The Plaintiff was not successful against the remaining Defendants and the Defendants were not successful in their counterclaim. Damages were awarded in the amount of $82,000.00 which reflected $81,000.00 for Trademarks Act infringement plus $1,000.00 for Copyright Act infringement. ... I am not prepared to order Rule 420 costs on any settlement offers that do not meet the conditions in Rule 420(3). ... Balancing all of the positives and negative factors under Rule 400, I will award lump sum costs in the amount of $80,000.00 inclusive of fees, disbursements and taxes to be paid by the corporate Defendants and Dr. Mahmood on a joint and several basis. The remaining Defendants will not have costs awarded against them or awarded to them.
Decision relates to:
- T-377-16 - BIOFERT MANUFACTURING INC. v. AGRISOL MANUFACTURING INC. and Others