Sun Pac Foods Ltd. v. A. Lassonde Inc.

Sun Pac Foods Ltd. v. A. Lassonde Inc.

Industries was properly shown to be owner of the mark as of July 19, 2000 with registration effective January 17, 2001, but the deed of assignment transferred ownership of the mark not the right to litigate this matter; clause 7.4 of the licence contemplated a future contingency and evidence showed Lassonde retained litigation rights. Adding Industries is therefore not necessary to resolve Sun Pac's counterclaim and would cause delay. On discovery, only objection no.52 (royalties) is required to be answered in writing within ten days; recent document productions did not justify further oral examination and no change of forum is warranted; both motions are dismissed, without costs, subject...

Citation
2005 FC 1142
Parties
Plaintiff by Counterclaim: Sun Pac Foods Limited; Defendant by Counterclaim: A. Lassonde Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
23 August 2005
Procedural Posture
Trade Mark Dispute (counterclaim) / Pre Trial Motions (joinder and Discovery)
Outcome
Both motions dismissed. Motion to join Industries dismissed as unnecessary; motion for rulings on objections and other remedies dismissed except that Lassonde must provide written response to objection no.52 concerning royalties within ten days. Both motions dismissed without costs.
Legal Topics
Joinder of Parties, Examination for Discovery, Trade Mark Registration Validity, Licence Interpretation, Judicial Case Management
Source Language
English
Intellectual Property Trade Marks Civil Procedure Joinder of Parties Examination for Discovery Trade Mark Registration Validity Licence Interpretation Judicial Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Party arguments 2
Sign in to unlock

Parties

Sun Pac Foods Limited

Plaintiff by Counterclaim

A. Lassonde Inc.

Defendant by Counterclaim

Procedural Posture

Trade Mark Dispute (counterclaim) / Pre Trial Motions (joinder and Discovery)

Legal Issues

  1. 1 Whether Industries Lassonde Inc. should be joined as a defendant by counterclaim under Rule 104(1)(b)
  2. 2 Whether ownership of the FRUITÉ mark was ambiguous and whether litigation rights were assigned
  3. 3 Whether further examination for discovery of Mr. Gattuso should be permitted based on documents produced since January 12, 2005

Ratio Decidendi

Industries was properly shown to be owner of the mark as of July 19, 2000 with registration effective January 17, 2001, but the deed of assignment transferred ownership of the mark not the right to litigate this matter; clause 7.4 of the licence contemplated a future contingency and evidence showed Lassonde retained litigation rights. Adding Industries is therefore not necessary to resolve Sun Pac's counterclaim and would cause delay. On discovery, only objection no.52 (royalties) is required to be answered in writing within ten days; recent document productions did not justify further oral examination and no change of forum is warranted; both motions are dismissed, without costs, subject...

Court Disposition

Both motions dismissed. Motion to join Industries dismissed as unnecessary; motion for rulings on objections and other remedies dismissed except that Lassonde must provide written response to objection no.52 concerning royalties within ten days. Both motions dismissed without costs.

Orders

  • Sun Pac's motion to add Industries Lassonde Inc. as defendant by counterclaim is dismissed
  • Sun Pac's motion for rulings on objections and for further discovery is dismissed