Molo Design Ltd. v. Chanel Canada ULC, 2023 FC 140
Associate Justice Tabib - 2023-01-30
Read full decision. Automatically generated summary:
This Order is made in respect of the motion of the Defendants, Chanel, to enforce the Protective Order issued in this matter on April 11, 2022 and the implied undertaking rule. ... There is no doubt or dispute that Todd MacAllen, one of the co-founders of the Plaintiff, Molo Design Ltd (“Molo”), breached the Protective Order. He did so by revealing to Molo’s lawyers in France, Italy, Taiwan, Germany and the United States information contained in documents that were disclosed by Chanel in this action, and that were designated as “Confidential”. ... In short, Molo has a clear duty to “make every effort” to prevent further disclosure of the information it unlawfully disclosed. Some of the required elements of this effort are spelled out in this Order. How Molo achieves this is its own business, but it is required to provide all relevant facts to Chanel, including confirmation of how it has fulfilled its obligation and, if any element cannot be met, to disclose the efforts it made and why they have failed.
Decision relates to:
- T-379-21 - MOLO DESIGN, LTD. v. CHANEL CANADA ULC et Al.