Plaintiff
Defendant
- Parties: The plaintiffs were Burberry Limited, Burberry Canada Inc., Chanel Limited, and Chanel ULC. The defendants were Juvilyn Billones Ward, aka Juvilyn Ward, aka Lyn Ward, aka Lhyn Guzman, and also having used the names Renielee Cruz, Josephine Hipolito, Teresita Badua, Rachel Apolinario, Jennifer Valasaco, Rachel Cruz, Rowena Villoga, Jenny Arpe, Maricel Cruz, Kelly Santos, and Remy Caluban; Kevin Ward; Emelita Franco, aka Emely Franco; Sheena Gallardo; sometime doing business as JK & B Collections, JKB Collections, JKB Botique aka Pochette Fame, JKB La Apparel, Victoria St. Matthew, Viktoria San Matthew, and Vicky Victoria.
- Subject Matter: The plaintiffs sought to enforce their exclusive rights in and to certain trademarks and copyrighted works under the Trademarks Act, 1985 and the Copyright Act, 1985. The plaintiffs then filed an ex parte motion for default judgment against the Ward defendants under r. 210(1) of the Federal Courts Rules, SOR/98-106.
- Ruling: The court ruled in the plaintiffs’ favour and granted the default judgment motion and the relief substantially as the plaintiffs requested, subject to this judgment’s specific terms. The court found the Ward defendants in default of their obligation to file a statement of defence. The court decided that the plaintiffs successfully showed trademark infringement, passing off and, in the case of the Burberry plaintiffs, copyright infringement.
- Date: The hearing was set on July 19, 2023. The court released its decision on Sept. 19, 2023.
- Venue: This was a federal case before the Federal Court.
- Amount: No financial award was specified.
Court
Federal CourtCase Number
T-1553-22Practice Area
Intellectual propertyAmount
$ 0Winner
PlaintiffTrial Start Date
25 July 2022Download documents