Ecolab USA Inc. v. 2431717 Ontario Inc., 2025 FC 595
Justice Tsimberis - 2025-04-01
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In a recent decision, the court addressed a motion for default judgment concerning trademark infringement and passing off under the Trademarks Act. The plaintiff alleged that the defendant's use of various trade names and trademarks associated with cleaning products infringed upon the plaintiff's registered trademark, thereby causing confusion among consumers. It was confirmed that the defendant failed to file a Statement of Defence, constituting a default. The court found sufficient evidence establishing both trademark infringement and the depreciation of goodwill associated with the plaintiff’s trademark, while certain marks were not proven infringing. Consequently, a partial default judgment was granted, imposing a permanent injunction against the defendant, ordering the destruction of infringing materials, and requiring the transfer of a specific domain name to the plaintiff. The plaintiff was awarded damages amounting to $15,000 along with costs.
Decision relates to:
- T-2555-23 - ECOLAB USA INC. v. 2431717 ONTARIO INC.