Parmalat Dairy & Bakery Inc. v. Co. Gervais Danone S.A.

Parmalat Dairy & Bakery Inc. v. Co. Gervais Danone S.A.

The defendants met the burden on a balance of probabilities under Rule 107 because the liability issues are technically separable from remedial issues and an accounting of profits would require extensive, costly discovery; severance and postponement of examinations for discovery and remedial issues until after determination of liability will likely save time and expense and achieve a just outcome, therefore the motion is granted and costs are awarded to the defendants.

Citation
2003 FC 1123
Parties
Plaintiff/defendant to Counterclaim: Parmalat Dairy & Bakery Inc.; Defendant/plaintiff by Counterclaim: Compagnie Gervais Danone S.A.; Defendant/plaintiff by Counterclaim: Danone Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
30 September 2003
Procedural Posture
Trademark Infringement and Passing Off (intellectual Property) / Pre Trial Motion for Severance Under Rule 107 (postponement of Discovery and Remedial Issues)
Outcome
Motion granted: severance ordered postponing examinations for discovery and determination of remedial issues until after discovery and trial of liability; costs awarded to defendants.
Legal Topics
Severance of Issues, Discovery, Accounting of Profits, Trademark Validity, Trademark Infringement, Passing Off, False and Misleading Statements, Costs
Source Language
English
Intellectual Property Civil Procedure Remedies Evidence Severance of Issues Discovery Accounting of Profits Trademark Validity +4 more

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Parties

Parmalat Dairy & Bakery Inc.

Plaintiff/defendant to Counterclaim

Compagnie Gervais Danone S.A.

Defendant/plaintiff by Counterclaim

Danone Inc.

Defendant/plaintiff by Counterclaim

Procedural Posture

Trademark Infringement and Passing Off (intellectual Property) / Pre Trial Motion for Severance Under Rule 107 (postponement of Discovery and Remedial Issues)

Legal Issues

  1. 1 Whether the court should order severance/postponement of discovery and remedial issues under Rule 107
  2. 2 Validity of the plaintiff's registered trade-marks
  3. 3 Whether the defendants infringed the plaintiff's trade-marks

Ratio Decidendi

The defendants met the burden on a balance of probabilities under Rule 107 because the liability issues are technically separable from remedial issues and an accounting of profits would require extensive, costly discovery; severance and postponement of examinations for discovery and remedial issues until after determination of liability will likely save time and expense and achieve a just outcome, therefore the motion is granted and costs are awarded to the defendants.

Court Disposition

Motion granted: severance ordered postponing examinations for discovery and determination of remedial issues until after discovery and trial of liability; costs awarded to defendants.

Orders

  • Postpone examinations for discovery and the determination of remedial issues until after discovery and trial of the question of liability pursuant to Rule 107
  • Costs of this motion awarded to the defendants