Rolls Royce v. Fitzwilliam

Rolls Royce v. Fitzwilliam

The court found no genuine issue for trial on the record: Fitzwilliam was the controlling mind of the corporate defendants so service on him was effective; the plaintiffs' Canadian trade-mark registrations were valid and owned by the plaintiffs; defendants used and threatened to use plaintiffs' marks in ways likely to cause confusion and to depreciate goodwill; summary judgment was appropriate and declarations, permanent injunctions, remedies and costs were granted accordingly.

Citation
2002 FCT 598
Parties
Plaintiffs: ROLLS-ROYCE plc; ROLLS-ROYCE & BENTLEY MOTOR CARS LIMITED; BENTLEY MOTORS LIMITED; Defendant (individual): Ian D. Fitzwilliam; Defendants (corporate): ROLLS-ROYCE LIMITED; ROLLS-ROYCE MOTOR CARS LIMITED; BENTLEY MOTORS LIMITED
Court
Federal Court
Jurisdiction
Canada
Judgment Date
24 May 2002
Procedural Posture
Trade Mark Infringement (trade Marks Act) With Related Equitable Relief / Summary Judgment Motion Under Federal Court Rules (rule 213) — Reasons and Order (final Disposition on Merits)
Outcome
Summary judgment granted for plaintiffs; declarations of validity and ownership issued; defendants found to have infringed and threatened to infringe; permanent injunctive relief and ancillary orders granted; costs to plaintiffs.
Legal Topics
Trade Mark Infringement, Injunctions, Summary Judgment, Declarations of Ownership, Passing Off, Trade Marks Act Ss.7, 19, 20, 22
Source Language
English
Intellectual Property Trade Mark Law Civil Procedure Equity and Injunctive Relief Trade Mark Infringement Injunctions Summary Judgment Declarations of Ownership +2 more

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Parties

ROLLS-ROYCE plc; ROLLS-ROYCE & BENTLEY MOTOR CARS LIMITED; BENTLEY MOTORS LIMITED

Plaintiffs

Ian D. Fitzwilliam

Defendant (individual)

ROLLS-ROYCE LIMITED; ROLLS-ROYCE MOTOR CARS LIMITED; BENTLEY MOTORS LIMITED

Defendants (corporate)

Procedural Posture

Trade Mark Infringement (trade Marks Act) With Related Equitable Relief / Summary Judgment Motion Under Federal Court Rules (rule 213) — Reasons and Order (final Disposition on Merits)

Legal Issues

  1. 1 Whether the individual defendant could represent the corporate defendants
  2. 2 Whether service of the motion record on the defendants was valid
  3. 3 Whether the plaintiffs' trade-marks were valid and owned by the plaintiffs

Ratio Decidendi

The court found no genuine issue for trial on the record: Fitzwilliam was the controlling mind of the corporate defendants so service on him was effective; the plaintiffs' Canadian trade-mark registrations were valid and owned by the plaintiffs; defendants used and threatened to use plaintiffs' marks in ways likely to cause confusion and to depreciate goodwill; summary judgment was appropriate and declarations, permanent injunctions, remedies and costs were granted accordingly.

Court Disposition

Summary judgment granted for plaintiffs; declarations of validity and ownership issued; defendants found to have infringed and threatened to infringe; permanent injunctive relief and ancillary orders granted; costs to plaintiffs.

Orders

  • Summary judgment granted for plaintiffs
  • Declarations that specified registrations (UCA05921, UCA07323, TMA217,812) are valid and owned by Rolls-Royce plc