- Parties: The plaintiffs/defendants by counterclaim were Dermaspark Products Inc and Pollogen Ltd. The defendants/plaintiffs by counterclaim were Binal Patel and Balsam Spa dba Balsam Day Spa.

- Subject Matter: The defendants filed a motion for summary trial under rr. 213 and 216 of the Federal Courts Rules, SOR/98-106 in the context of the plaintiffs’ action for trademark and copyright infringement.

- Ruling: The court ruled in the plaintiffs’ favour and dismissed the defendants’ motion and counterclaim. The court declared that the defendants jointly and severally infringed the plaintiffs’ copyright under s. 27 of the Copyright Act, 1985; directed public attention to their services or business in a way that caused or likely caused confusion in Canada between their goods, services, or business and the plaintiffs’ goods, services, or business under s. 7(b) of the Trademarks Act, 1985; passed off other goods and services as and for those ordered or requested under s. 7(c) of the Trademarks Act; used the plaintiffs’ trademarks in a manner that likely depreciated the value and goodwill attaching thereto and created unfair competition under s. 22(1) of the Trademarks Act; and infringed ss. 19 and 20 of the Trademarks Act.

- Date: The hearing was set on Mar. 7, 2023. The court released its decision on Apr. 24, 2023.

- Venue: This was a federal case before the Federal Court.

- Amount: The court ordered the defendants to pay the plaintiffs the amount of $7,500 in costs.