Armour Transport Inc v. 2098763 Alberta Ltd, 2024 FC 2017
Justice Fuhrer - 2024-12-11
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In a motion filed by the plaintiff, the court considered a request for default judgment against the corporate defendant due to its failure to respond to the claims regarding trademark infringement, passing off, and depreciation of goodwill. The defendants had been served but did not participate in the proceedings, leading to the removal of their Statement of Defence from the Court file. The court determined that the plaintiff met the criteria for default judgment against the corporate defendant while dismissing the motion regarding the individual defendants. The plaintiff, which operates in commercial transportation and holds several registered trademarks, alleged that the corporate defendant’s use of a similar trade name caused market confusion. The court’s decision allowed the plaintiff to seek remedies including injunctions and monetary relief, emphasising the importance of protecting trademark rights in the commercial sector.
Decision relates to:
- T-245-23 - Armour Transport Inc v. 2098763 Alberta Ltd. dba Armour Trucking of Edmont