Docket: T-409-20
Citation: 2021 FC 542
Ottawa, Ontario, June 3, 2021
PRESENT: The Honourable Mr. Justice Ahmed
BETWEEN:
APPLE INC.
Plaintiff
and
Abdul Waseah
OPERATING AS MOBILE Q
Defendant
ORDER AND REASONS
UPON CONSIDERING the Plaintiff’s ex parte motion for default judgment against the Defendant, brought pursuant to Rules 210 and 369 of the Federal Courts Rules, SOR/98-106 (“Rules”
);
AND UPON BEING SATISFIED that the Defendants have failed to serve and file a Statement of Defence within the time set out in Rule 204 of the Rules;
AND UPON REVIEWING the evidence and submissions of the Plaintiff;
THE COURT ORDERS THAT the Plaintiff’s motion for default judgment is granted.
[1]
I find the following Canadian registered trademarks are owned by the Plaintiff (collectively, the “Subject Trademarks”
):
(a)
(APPLE DESIGN) (TMA690,668);
(b) AIRPODS (TMA989,948); and
(c)
5W USB Power Adapter (TMA1,066,319).
[2]
I find the Defendant, without the consent, license or permission of the Plaintiff, imported into Canada and sold goods bearing marks that a casual consumer somewhat in a hurry would likely confuse for the Subject Trademarks (Veuve Clicquot Ponsardin v Boutiques Cliquot Ltée, 2006 SCC 23 at para 20). Considering the factors enumerated under subsection 6(5) of the Trademarks Act, RSC 1985, c T-13 (the “Act”
), I find the Defendant has infringed the exclusive rights of the Plaintiff to the use in Canada of the Subject Trademarks, contrary to sections 19 and 20 of the Act. In addition, I find the Defendant has imported into Canada counterfeit Apple merchandise, contrary to section 51.03 of the Act.
[3]
In light of the above determinations, I order that the Defendant is restrained from offering for sale, importing, displaying, advertising, selling, manufacturing, distributing, or otherwise dealing in merchandise not being that of the Plaintiff, bearing one or more of the Subject Trademarks.
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