International Business Machines Corp. v. Printech Ribbons Inc.
T-2116-93
Teitelbaum J.
25/4/94
18 pp.
Motion by defendants for order requiring plaintiffs to provide certain particulars and file documents in respect of trade mark infringement action and claim under Trade-marks Act, s. 7 -- Defendants also filed amended application to strike out certain paragraphs of statement of claim; defendants argued allegations in statement of claim relating to issues of trade dress, matter of civil law and not within jurisdiction of Federal Court -- Application dealing with particulars required for purpose of pleading as opposed to particulars for trial; particulars required for pleading not nearly as broad as for trial and defendant should not use particulars to find out scope of evidence going to be lead at trial -- Distinction to be made between request for particulars for defence and particulars for trial -- Details of promotion and advertising not necessary to enable defendants to plead to statement of claim; these details more properly dealt with in context of examinations for discovery -- Copies of licenses do not have to include any commercially sensitive numbers relating to fees, sales, etc., but must be complete with exception of these numbers -- Defendants entitled to know since when each trade mark used by each plaintiff -- Not necessary to know and to have outlined in statement of claim details as to what and how each plaintiff made each mark well known in Canada; if nature of information essential to defendants, opportunity to obtain information during examinations for discovery -- Defendants' request relating to nature of goodwill and where depreciation occurred, requests for evidence rather than particulars necessary to enable defendants to plead; particulars provided by plaintiffs in letter, sufficient to allow defendants to plead to allegations outlined in statement of claim -- Situation of continuous infringement -- Defendants must know what business they have carried on and do not need any particulars with respect to general allegation -- Plaintiffs have provided sufficient details to enable defendants to plead to allegations in statement of claim; reply provided by plaintiffs sufficient for purposes of pleading -- Allegations relating to damages sufficient for purpose of pleading -- Defendants in best position to know whether or not they continue to make profit and therefore plaintiffs not required to provide particulars with respect to claim defendants making profit -- Motion for particulars granted on limited terms -- Trade-marks Act, R.S.C., 1985, c. T-13, s. 7.