INDUSTRIAL DESIGN |
Benisti Import-Export Inc. v. Modes TXT Carbon Inc.
T-1517-01
2002 FCT 179, Morneau P.
19/2/02
8 pp.
In action alleging usurpation of rights in industrial design and trade-mark, motion under r. 221 to strike out all or part of statement of defence and counterclaim--Must be clear and manifest all or part of defendant's counterclaim disclosing no reasonable cause of action--Passages in question cite false or misleading statements tending to discredit business, wares or services of TXT (plaintiff alleged that defendant had infringed its industrial design), in breach of Trade-Marks Act, s. 7(a)-- Plaintiff arguing that if s. 7(a) to apply, issue must be related exclusively to trade-marks question, but not case here--Motion dismissed--Although provision found in Trade-Marks Act, has already been held to apply to situations involving patents, copyright--Here, Industrial Design Act certainly part of equation said to be covered by s. 7(a) of the Act--Neither clear nor obvious in context of motion that situation involving industrial design cannot, like a situation involving trade-mark, patent or copyright, pertain to and be covered by Trade-Marks Act, s. 7(a)--Federal Court Rules, 1998, SOR/98-106, r. 221--Trade-Marks Act, R.S.C., 1985, c. T-13, s. 7(a)--Industrial Design Act, R.S.C., 1985, c. I-9.