Date: 20000510
Docket: T-681-00
BETWEEN:
INTERNATIONAL AUDIO-VISUAL
COMMUNICATION INC., and
L.S. ENTERTAINMENT GROUP INC.,
Plaintiffs,
- and -
SIXTY-SIX INTERNATIONAL TRADING INC.
doing business as HAPPY FAMILY VIDEO,
JOHN DOE, JANE DOE and ALL OTHERS
KNOWN AND UNKNOWN TO THE PLAINTIFFS
WHO INFRINGE THE PLAINTIFFS" AND
DESIGNATED DEFENDANTS" TRADE-MARKS,
Defendants,
- and -
CHINESE TELEVISION SYSTEM and
TAIWAN TELEVISION ENTERPRISES LTD.,
Designated Defendants.
REASONS FOR ORDER
REED, J.
[1] I have not been persuaded that grounds exist for granting an Anton Piller Order. The appropriate course of action is for the plaintiffs to proceed by way of a motion for an interlocutory injunction, on notice to the defendants, on the basis of the evidence (affidavit and physical) that the plaintiffs already possess.
[2] This will allow for an examination of the rights the plaintiffs assert, in a contested proceeding, in open Court, rather than the issuing of an order (Anton Piller Order) that can do extensive damage to the defendants" business, perhaps even closing it down, without an assessment of the merits of the plaintiffs" claim ever having been made.
[3] If the plaintiffs are successful in obtaining an interlocutory injunction, they can of course, thereafter, proceed by way of contempt proceedings, should any continued infringement occur.
(Sgd.) "B. Reed"
Judge
May 10, 2000
Vancouver, British Columbia
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-681-00
STYLE OF CAUSE: International Audio-Visual Communication Inc et a
v.
Sixty-Six International Trading Inc et al
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: April 12 & 27, 2000
| REASONS FOR ORDER OF Reed, J. |
DATED: May 10, 2000
APPEARANCES:
| Mr. Ken Duke For the Plaintiff |
SOLICITORS OF RECORD:
Broughton, Peterson,
Yang, Anderson
Barristers and Solicitors
| Vancouver, BC For the Plaintiff |