Clearview Plumbing & Heatings Ltd. v. Clockwork IP, LLC

Clearview Plumbing & Heatings Ltd. v. Clockwork IP, LLC

Both parties conceded infringement and the agreed facts and trial evidence established no economic loss, confusion or lost sales; lump sum damages are inappropriate where quantum could have been proven and both parties participated; the conduct of Clockwork did not meet the high threshold for punitive damages. Therefore no damages are awarded to either party and both the action and counterclaim are dismissed.

Citation
2018 FC 169
Parties
Plaintiffs / Defendants by Counterclaim: Clearview Plumbing & Heating Ltd. and Giraffe Corp; Defendants / Plaintiffs by Counterclaim: Clockwork IP, LLC; Benjamin Franklin Franchising, LLC; Gregg's Plumbing & Heating Ltd; Airtime Canada ULC
Court
Federal Court
Jurisdiction
Canada
Judgment Date
13 February 2018
Procedural Posture
Trademark Infringement / Trial — Damages Assessment / Judgment
Outcome
Action dismissed and counterclaim dismissed; no damages awarded to either party
Legal Topics
Damages, Punitive Damages, Infringement, Set Off, Trademark Registration
Source Language
English
Intellectual Property Trade Marks Civil Litigation Damages Punitive Damages Infringement Set Off Trademark Registration

Case Brief

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Parties

Clearview Plumbing & Heating Ltd. and Giraffe Corp

Plaintiffs / Defendants by Counterclaim

Clockwork IP, LLC; Benjamin Franklin Franchising, LLC; Gregg's Plumbing & Heating Ltd; Airtime Canada ULC

Defendants / Plaintiffs by Counterclaim

Procedural Posture

Trademark Infringement / Trial — Damages Assessment / Judgment

Legal Issues

  1. 1 What type and amount of damages, if any, should be awarded to Clearview for infringement of the registered trademark 'The Punctual Plumber'?
  2. 2 What type and amount of damages, if any, should be awarded to Clockwork for infringement of the trademark 'Technician Seal of Safety'?

Ratio Decidendi

Both parties conceded infringement and the agreed facts and trial evidence established no economic loss, confusion or lost sales; lump sum damages are inappropriate where quantum could have been proven and both parties participated; the conduct of Clockwork did not meet the high threshold for punitive damages. Therefore no damages are awarded to either party and both the action and counterclaim are dismissed.

Court Disposition

Action dismissed and counterclaim dismissed; no damages awarded to either party

Orders

  • The action by the Plaintiffs is dismissed as is the counterclaim
  • No damages are awarded for the action or counterclaim