Promotion in Motion, Inc. v. Hershey Chocolate & Confectionery LLC, 2024 FCA 201
Justice Rennie - 2024-11-27
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The appeal involved a motion to strike specific paragraphs from a memorandum questioning the Federal Court's admission of fresh evidence during an appeal from a Trademarks Opposition Board decision. The appellant argued that the respondent could not challenge this decision without filing a cross-appeal, which had not occurred. The Court ruled that a cross-appeal was neither necessary nor appropriate in this case, as the respondent sought to uphold the original decision rather than a different outcome. The ruling emphasised the importance of timely evidence disclosure and that a party does not need to file a cross-appeal unless it seeks a different disposition of the judgment. The Court reiterated that appeals regarding evidentiary rulings during trials occur only under exceptional circumstances, and a respondent may raise alternative arguments supporting the judgment without requiring a cross-appeal. Accordingly, the motion to strike was dismissed.
Decision relates to:
- A-171-24 - PROMOTION IN MOTION, INC. dba PIM BRANDS, INC. v. HERSHEY CHOCOLATE et al. which is an appeal from 2024 FC 556 in T-853-20