Plaintiff
Defendant
Background Facts: Jasbir Rai, a self-employed "spiritual influencer," registered a trademark for "Bobby Dazzler" in 2008 and operated a business under this name. On November 15, 2017, she discovered that over 80 Facebook accounts were using her trademarked name without her consent. Despite notifying Facebook and Meta Platforms, Inc. of the infringement, the defendants did not take action to remove the offending accounts. Rai also received numerous harassing emails addressed to her trademark.
Legal Arguments/Issues: The defendants moved to strike the plaintiff’s notice of civil claim on the grounds of non-compliance with procedural rules. Rai, representing herself, alleged that the defendants allowed unauthorized use of her trademarked name “Bobby Dazzler” on Facebook, resulting in infringement and harassment.
Key Points: The plaintiff claimed trademark infringement for the use of "Bobby Dazzler" by Facebook users and in email communications. She also alleged copyright infringement of her literary work titled “Bobby Dazzler ‘got what’s hot!’ and still hot!”. Additionally, Rai asserted that the defendants' actions amounted to harassment, cyber-stalking, and privacy violations. The court found the pleadings prolix, convoluted, and lacking in material facts and law. As a result, claims for trademark infringement, copyright infringement, harassment, cyber-bullying, and defamation were struck in their entirety. However, the plaintiff was allowed to amend pleadings concerning privacy and negligence by August 30, 2024.
Costs: The defendants were awarded costs at Scale B.
Court
Supreme Court of British ColumbiaCase Number
S236564Practice Area
Intellectual propertyAmount
Winner
DefendantTrial Start Date
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