Date: 19991105
Dossier: T-1402-95
MONTRÉAL (QUÉBEC), CE 5e JOUR DE NOVEMBRE 1999
Présent: ME RICHARD MORNEAU, PROTONOTAIRE
Entre:
QUALITY GOODS I.M.D. INC.
Demanderesse
ET
R.S.M. INTERNATIONAL ACTIVE WEAR INC.
ROGER BONYAD
MOTI MAHTANI
RAM MAHTANI
RAMESH SADHWANI
JANE DOE
JOHN DOE et
JOHN DOE INC.
Défendeurs
ORDONNANCE
La demanderesse devra produire les engagements mentionnés dans les motifs accompagnant la présente ordonnance et ce, dans les quinze (15) jours de la présente ordonnance.
La requête des défendeurs est autrement rejetée.
Frais à suivre.
Richard Morneau
protonotaire
Date: 19991105
Docket: T-1402-95
Between:
QUALITY GOODS I.M.D. INC.
Plaintiff
AND
R.S.M. INTERNATIONAL ACTIVE WEAR INC.
ROGER BONYAD
MOTI MAHTANI
RAM MAHTANI
RAMESH SADHWANI
JANE DOE
JOHN DOE and
JOHN DOE INC.
Defendants
REASONS FOR ORDER
RICHARD MORNEAU, ESQ., PROTHONOTARY:
[1] This is a motion by the Plaintiff under rule 94 and following of the Federal Court Rules, 1998 for an order requiring the Defendants to produce various documents, answer various undertakings and answer questions objected to, the whole further to the discovery of a Defendants' representative. This motion has been dealt with pursuant to rule 369 following a joint request of the parties.
[2] In order to adjudicate on this motion, I shall use the categorization used by the Plaintiff in its written representations.
| [3] A) Citizenship of artists which Defendants allege created the Tumbling Leaves Design |
| For the reasons expressed by the Defendants, Directions to Attend #1 and Undertaking #1 do not have to be complied with. |
| [4] B) Mr. Bonyad's alleged ability to create the Tumbling Leaves Design |
| In this category, I would have ordered that only Directions to Attend #3 and #4 be complied with. However I shall not do so since it turns out that the documents requested cannot be located. |
| [5] C) Clarification of testimony given by Mr. Bonyad |
| I am satisfied that this category has been fully answered. |
| [6] D) Plaintiff's entitlement to question Mr. Ram Mahtani on the popularity of the Tumbling Leaves Design |
| For the reasons expressed by the Plaintiff, Objection #1 in this category shall be answered. |
| [7] E) Information and documents related to the extent of Defendants' use of the Tumbling Leaves Design in the marketplace |
| In this category: |
| - Directions to Attend #5, #6, and #8 do not have to be complied with. |
| - Directions to Attend #6/Objection #2: all documents which can be reasonably located shall be provided. |
| - Undertakings #9 and #15 and Objections #1, #3 and #4 for 1995 and on shall be answered. |
| - I am satisfied that Undertakings #6, #14 and #16 have been complied with. |
| - The Court takes note that Objection #5 is withdrawn and therefore the answer provided stands. |
| [8] F) Existence of corporate Defendant on whose behalf individual Defendants claim to act |
| No answer is required in this category. |
| [9] G) Defendants' use of the Federal Court of Canada to sue third parties on the basis of Tumbling Leaves Design |
| Undertaking #3 (Roger Bonyad) must be complied with. |
| Undertaking #4: the answer is found in the Defendants' written representations. There is no need to provide a further answer. |
| Undertakings #10 and #2 were sufficiently satisfied on December 15, 1998. |
| Undertaking #3 (Ram Mahtani) must be satisfied. |
| Undertakings #11 and #13 have now been satisfactorily answered. |
| The question related to Objection #3 must be answered. |
| [10] H) Defendants' use of the Canadian Intellectual Property Office to assist in using Tumbling Leaves Design as the basis for litigation against third parties and even Quality Goods |
| Undertaking #8 must be further answered. |
| [11] I) Defendants' access to the Autumn Leaves Design |
| The undertaking in this category has been answered. |
| [12] J) Better affidavit of documents |
| As this is not a motion under rule 227, the request in this category does not need to be satisfied. |
[13] An order shall issue accordingly. Costs in the cause
Richard Morneau
Prothonotary
MONTREAL, QUEBEC
November 5, 1999
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.:
STYLE OF CAUSE:
T-1402-95
QUALITY GOODS I.M.D. INC.
Plaintiff
AND
R.S.M. INTERNATIONAL ACTIVE WEAR INC.
ROGER BONYAD
MOTI MAHTANI
RAM MAHTANI
RAMESH SADHWANI
JANE DOE
JOHN DOE and
JOHN DOE INC.
Defendants
WRITTEN MOTION EXAMINED IN MONTREAL WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ORDER BY:Richard Morneau, Esq., Prothonotary
DATE OF REASONS FOR ORDER:November 5, 1999
WRITTEN OBSERVATIONS BY:
| Mr. Arthur Sanft |
for the Plaintiff |
| Ms. Caroline Jacques |
for the Defendants |
SOLICITORS OF RECORD:
| Mr. Arthur Sanft Montreal, Quebec |
for the Plaintiff |
| Sproule, Castonguay, Pollack Ms. Caroline Jacques Montreal, Quebec |
for the Defendants |