Benisti Import-Export Inc. v. Modes TXT Carbon Inc.

Benisti Import-Export Inc. v. Modes TXT Carbon Inc.

The motion is allowed in part: the court denied answering question 68 and several vague questions (126,127,244) but ordered the plaintiff to answer in writing questions 119,122,154 and 216/217 and to produce undertakings 219 and 220 within 30 days; the manufacturer's identity must be disclosed confidentially to defendant's counsel only; costs awarded in the cause.

Citation
2003 FC 1456
Parties
Plaintiff/defendant to Counterclaim: BENISTI IMPORT-EXPORT INC.; Defendant/plaintiff by Counterclaim: MODES TXT CARBON INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
11 December 2003
Procedural Posture
Industrial Design and Trademark Infringement; Counterclaim for Invalidity, Unfair Competition / Motion Regarding Discovery Objections (examination for Discovery)
Outcome
Motion allowed in part and dismissed in part
Legal Topics
Validity of Industrial Design, Infringement, Discovery Objections, Confidentiality, Originality
Source Language
English
Intellectual Property Industrial Design Trademark Unfair Competition Civil Procedure Discovery Validity of Industrial Design Infringement Discovery Objections +2 more

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Parties

BENISTI IMPORT-EXPORT INC.

Plaintiff/defendant to Counterclaim

MODES TXT CARBON INC.

Defendant/plaintiff by Counterclaim

Procedural Posture

Industrial Design and Trademark Infringement; Counterclaim for Invalidity, Unfair Competition / Motion Regarding Discovery Objections (examination for Discovery)

Legal Issues

  1. 1 Whether components performing a utilitarian function must be identified at discovery
  2. 2 Whether questions on originality and market conditions are relevant and discoverable
  3. 3 Whether discovery questions that are vague should be answered

Ratio Decidendi

The motion is allowed in part: the court denied answering question 68 and several vague questions (126,127,244) but ordered the plaintiff to answer in writing questions 119,122,154 and 216/217 and to produce undertakings 219 and 220 within 30 days; the manufacturer's identity must be disclosed confidentially to defendant's counsel only; costs awarded in the cause.

Court Disposition

Motion allowed in part and dismissed in part

Orders

  • Question 68 and questions 126, 127 and 244 need not be answered
  • Plaintiff must answer in writing questions 119, 122, 154 and 216/217 within 30 days