Iris, le groupe visuel (1990) Inc. v. Trustus International Trading Inc.

Iris, le groupe visuel (1990) Inc. v. Trustus International Trading Inc.

The court allowed amendment to plead a declaration of unlawful use of the trade-mark but refused to add the three named individuals personally or to permit claims for punitive damages against them because the proposed amendments and affidavit failed to plead sufficient essential factual particulars or personal knowledge to engage personal liability or support punitive damages; costs awarded to defendant.

Citation
2003 FCT 598
Parties
Plaintiff/defendant by Counterclaim: IRIS, LE GROUPE VISUEL (1990) INC.; Defendant/plaintiff by Counterclaim: TRUSTUS INTERNATIONAL TRADING INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
15 May 2003
Procedural Posture
Trade Mark Infringement / Motion to Amend Statement of Claim (interlocutory)
Outcome
Amendment granted in part (declaration of unlawful use allowed) and refused in part (addition of individuals and punitive damages denied); costs awarded to the defendant.
Legal Topics
Amendment of Pleadings, Joinder of Parties, Punitive Damages, Declaratory Relief, Costs
Source Language
English
Intellectual Property Trade Mark Law Civil Procedure Amendment of Pleadings Joinder of Parties Punitive Damages Declaratory Relief Costs

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Parties

IRIS, LE GROUPE VISUEL (1990) INC.

Plaintiff/defendant by Counterclaim

TRUSTUS INTERNATIONAL TRADING INC.

Defendant/plaintiff by Counterclaim

Procedural Posture

Trade Mark Infringement / Motion to Amend Statement of Claim (interlocutory)

Legal Issues

  1. 1 Whether individual directors/officers can be added personally and solidarily to the action
  2. 2 Whether punitive damages may be sought against the named individuals
  3. 3 Whether the plaintiff may obtain a declaration that the defendant is unlawfully using the trade-mark

Ratio Decidendi

The court allowed amendment to plead a declaration of unlawful use of the trade-mark but refused to add the three named individuals personally or to permit claims for punitive damages against them because the proposed amendments and affidavit failed to plead sufficient essential factual particulars or personal knowledge to engage personal liability or support punitive damages; costs awarded to defendant.

Court Disposition

Amendment granted in part (declaration of unlawful use allowed) and refused in part (addition of individuals and punitive damages denied); costs awarded to the defendant.

Orders

  • Plaintiff may amend its statement of claim to plead a declaration that the defendant is unlawfully using the IRIS trade-mark
  • Application to add Jack Wang, Devun Walsh and Rob Dow as defendants in their personal capacity and the claims for punitive damages against them are refused