Gucci v. Levi

Gucci v. Levi

Summary judgment was granted for the Plaintiffs and the Counterclaim dismissed because Plaintiffs proved infringement of their registered GUCCI trade-mark (Registration No. TMA 202.555) for handbags and eyewear and the Defendant did not respond or appear; the Court limited relief to what was within Federal Court jurisdiction and to the rights pleaded, claimed and proven on the motion, rejecting Plaintiffs' overbroad draft order and issuing a narrower Order consistent with those limits.

Citation
2005 FC 1186
Parties
Plaintiffs: Guccio Gucci S.p.A.; Gucci America Inc.; G. Boutiques Inc.; Defendant: Shalom Levi a.k.a. Shalom Levy
Court
Federal Court
Jurisdiction
Canada
Judgment Date
30 August 2005
Procedural Posture
Trade Mark and Copyright Infringement / Summary Judgment Motion (reasons for Order)
Outcome
Summary judgment granted for Plaintiffs; Counterclaim dismissed; Court signed its own limited Order rather than Plaintiffs' overbroad draft.
Legal Topics
Summary Judgment, Anton Piller Order, Counterclaim Dismissal, Unopposed and Consent Orders, Jurisdictional Limits
Source Language
English
Intellectual Property Trade Mark Law Copyright Law Civil Procedure Summary Judgment Anton Piller Order Counterclaim Dismissal Unopposed and Consent Orders +1 more

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Parties

Guccio Gucci S.p.A.; Gucci America Inc.; G. Boutiques Inc.

Plaintiffs

Shalom Levi a.k.a. Shalom Levy

Defendant

Procedural Posture

Trade Mark and Copyright Infringement / Summary Judgment Motion (reasons for Order)

Legal Issues

  1. 1 Whether summary judgment should be granted to Plaintiffs on trade-mark infringement
  2. 2 Whether the Defendant's counterclaim should be dismissed
  3. 3 What relief may properly be granted by the Federal Court in an unopposed or consent order

Ratio Decidendi

Summary judgment was granted for the Plaintiffs and the Counterclaim dismissed because Plaintiffs proved infringement of their registered GUCCI trade-mark (Registration No. TMA 202.555) for handbags and eyewear and the Defendant did not respond or appear; the Court limited relief to what was within Federal Court jurisdiction and to the rights pleaded, claimed and proven on the motion, rejecting Plaintiffs' overbroad draft order and issuing a narrower Order consistent with those limits.

Court Disposition

Summary judgment granted for Plaintiffs; Counterclaim dismissed; Court signed its own limited Order rather than Plaintiffs' overbroad draft.

Orders

  • Summary judgment granted in favour of Guccio Gucci S.p.A., Gucci America Inc. and G. Boutiques Inc.
  • Counterclaim dismissed