Decommodification LLC v. Burn BC Arts Cooperative

Decommodification LLC v. Burn BC Arts Cooperative

Burn BC Arts Cooperative failed to file a defence and affidavit evidence established its use of the marks was likely to cause confusion contrary to s.7(b) of the Trade-marks Act; accordingly default judgment was entered, injunctive relief limited to use of the specific marks and activities at issue was appropriate,...

Source-derived case information.

Citation
2015 FC 42
Parties
Plaintiff: Decommodification LLC; Plaintiff: Burning Man Project; Plaintiff: Black Rock City, LLC (doing business as Burning Man); Defendant: Burn BC Arts Cooperative; Defendant: Jackson Smith; Defendant: Bhak Jolicoeur; Defendant: Brian Corkum; Former Defendant: Tanya Evans
Court
Federal Court
Jurisdiction
Canada
Judgment Date
13 January 2015
Procedural Posture
Trade Marks Act S.7(b) Passing Off / Trademark Confusion / Ex Parte Motion for Default Judgment Following Failure to File Defence
Outcome
Default judgment entered against Burn BC Arts Cooperative; injunction components described and limited; damages awarded $10,000; costs awarded $10,000; Tanya Evans removed from style of cause.
Legal Topics
Passing Off, Section 7(b) Trade Marks Act, Default Judgment, Injunctions, Domain Name Relief, Damages and Costs
Source Language
english
Intellectual Property Trade Marks Civil Procedure Passing Off Section 7(b) Trade Marks Act Default Judgment Injunctions Domain Name Relief +1 more

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Parties

Decommodification LLC

Plaintiff

Burning Man Project

Plaintiff

Black Rock City, LLC (doing business as Burning Man)

Plaintiff

Burn BC Arts Cooperative

Defendant

Jackson Smith

Defendant

Bhak Jolicoeur

Defendant

Brian Corkum

Defendant

Tanya Evans

Former Defendant

Procedural Posture

Trade Marks Act S.7(b) Passing Off / Trademark Confusion / Ex Parte Motion for Default Judgment Following Failure to File Defence

Legal Issues

  1. 1 Whether default judgment should be entered against Burn BC for failure to file a defence
  2. 2 Whether Burn BC's use of 'Burning Man', 'Burn BC' and 'Decompression' is likely to cause confusion contrary to s.7(b) of the Trade-marks Act
  3. 3 Scope and addressees of injunctive relief against a cooperative and related persons

Ratio Decidendi

Burn BC Arts Cooperative failed to file a defence and affidavit evidence established its use of the marks was likely to cause confusion contrary to s.7(b) of the Trade-marks Act; accordingly default judgment was entered, injunctive relief limited to use of the specific marks and activities at issue was appropriate, the Court cannot order transfer of domain names, and nominal damages of $10,000 and costs of $10,000 were awarded given lack of detailed loss or profit evidence.

Court Disposition

Default judgment entered against Burn BC Arts Cooperative; injunction components described and limited; damages awarded $10,000; costs awarded $10,000; Tanya Evans removed from style of cause.

Orders

  • Name Tanya Evans removed from style of cause
  • Judgment against the Defendant, Burn BC Arts Cooperative, as issued separately herein