Background:
- McDowell, owner of a women’s fashion boutique named Honey, filed a lawsuit against A Drip of Honey, an online women’s fashion retailer, for trademark infringement and passing off.
- McDowell claimed A Drip of Honey's use of similar trademarks caused confusion, breaching her trademark rights.
Legal Issues:
- Trademark infringement under sections 19 and 20 of the Trademarks Act.
- Passing off under paragraphs 7(b) and (c) of the Act.
- Depreciation of goodwill under section 22 of the Act.
Court’s Analysis and Decision:
- The court found the defendant in default for not filing a statement of defence.
- On infringement (section 20), the court found likely confusion between the parties’ marks, favoring the plaintiff.
- In passing off (paragraph 7(b)), the court ruled in favor of the plaintiff, noting her established goodwill and likelihood of confusion.
- The claim of depreciation of goodwill (section 22) was not proven due to insufficient evidence linking the defendant's use to potential harm to the plaintiff’s goodwill.
Outcome:
- The court granted partial default judgment for the plaintiff, ordering a permanent injunction against the defendant to prevent further confusion.
- The defendant was ordered to deliver or destroy infringing materials and pay $10,000 in nominal damages to the plaintiff.
- No costs were awarded due to the plaintiff's failure to provide a detailed claim for the requested amount.