Dragona Carpet Supplies Mississauga inc. v. Dragona Carpet Carpet Supplies Ltd., 2022 FC 1200
Justice Zinn - 2022-08-15
Read full decision. Automatically generated summary:
The Defendants/Plaintiffs by Counterclaim were successful in defending the Plaintiff’s motion for summary trial with respect to its claim of passing off and successful in their own motion for summary trial with respect to their claim for expungement of the Plaintiff’s registered trademarks [see 2022 FC 1042] ... The conduct of the Plaintiff in maintaining the legitimacy of its registered trademarks was not abandoned until the commencement of the hearing. It ought to have been done much earlier. In fact, based on the facts, it is a position that ought never to have been maintained. As such, Dragona Scarborough is entitled to recover a greater percentage of these fees as they were thrown away. Considering all of the evidence, and the nature of the disputes between these parties, I find that a lump sum award of $242,244.09, representing 50% of the aggregate fees incurred plus $7,148.13 for disbursements, all inclusive of HST, is appropriate.
Decision relates to:
- T-751-21 - DRAGONA CARPET SUPPLIES MISSISSAUGA INC v. DRAGONA CARPET SUPPLIES LTD ET AL
- A-202-22(2023 FCA 228) - which is an appeal from this decision